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Patna High CourtCWJC/5495/2015disposed

Brahmdeo Ram v. The State Of Bihar And ORS

2016-12-14Mr. Justice Ashwani Kumar Singh5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5495 of 2015 Brahmdeo Ram Son of Late Thithar Ram Resident of Village- Chandpura Chhota, P.S. - Goraul , District- Vaishali.

1. The State of Bihar Government of Bihar, Patna

6. The Branch Manager, State Bank of India, Gaurol, Vaishali.

7. The Chief Managar, Centralised Pension Processing Centre, State Bank of India, Administrative Office Building, 4th Floor, J.C. Road, Patna. Civil Writ Jurisdiction Case No. 5547 of 2015 Satya Narayan Bhakth, Son of Late Nathuni Bhakth , Resident of Village- Lodipur, P.S. Goraul , District- Vaishali.

1. The State of Bihar

6. The Branch Manager, State Bank of India, Gaurol, Vaishali.

7. The Chief Manager, Centralised Pension Processing Centre, State Bank of India, Administrative Office Building, 4th Floor, J.C. Road, Patna

2 / 5 Civil Writ Jurisdiction Case No. 5555 of 2015 Vishwanath Singh, Son of Late Jailal Singh, Resident of Village- Karhari (Rajput Tola), P.S.- Bhagwanpur, District- Vaishali.

1. The State of Bihar.

6. The Chief Manager, Centralised Pension Processing Centre, Central Bank of India, Zonal Office, Bhagwanpur Chowk, Muzaffarpur.

7. The Branch Manager, Central Bank of India, Rahsa, Bhagwanpur, Vaishali. ... .... Respondent/s Civil Writ Jurisdiction Case No. 5802 of 2015 Bhagwat Prasad Sinha, Son of Late Ramlagan Prasad Sinha, Resident of VillageMansurpur Halaiya, P.S.- Goraul , District- Vaishali. .... .... Petitioner

1. The State of Bihar

3 / 5

6. The Branch Manager, State Bank of India, Gaurol, Vaishali.

7. The Chief Manager, Centralised Pension Processing Centre, State Bank of India, Administrative Office Building, 4th Floor, J.C. Road, Patna. Civil Writ Jurisdiction Case No. 5788 of 2015 Machchu Ram, Son of Late Ramchandra Ram, Resident of Village- Lodipur, P.S.- Goraul, District- Vaishali.

1. The State of Bihar.

6. The Branch Manager, State Bank of India, Gaurol, Vaishali.

7. The Chief Manager, Centralised Pension Processing Centre, State Bank of India, Administrative Office Building, 4th Floor, J.C. Road, Patna. Appearance :

(In CWJC No.5495 of 2015) For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate For the Respondent/s : Mrs. Binita Singh, GP-31 (In CWJC No.5547 of 2015) For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate For the Respondent/s : Mr. Rajesh Kumar, AC to GP-3 For the Respondent-AG : Mr. Ajit Kumar, Advocate For the Respondent-SBI : Mr. Sanjiv Kumar, Advocate (In CWJC No.5555 of 2015) For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate For the Respondent-State: Mr. S.N. Rais, AC to GP-2 For the Respondent-A.G.: Mr. Ajit Kumar, Advocate

4 / 5 For the SBI Bank : Mr. Sanjiv Kumar, Advocate (In CWJC No.5802 of 2015) For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate For the Respondent/s : Mr. Harish Kumar, GP-8 For the Respondent -SBI : Mr. Sanjiv Kumar, Advocate For the Respondent-AG : Mr. Ajit Kumar, Advocate (In CWJC No.5788 of 2015) For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate For the Respondent-State: Shilpi Keshri, AC to AAG-X For the Respondent-SBI : Mr. Sanjiv Kumar, Advocate For the Respondent-AG : Mr. Ajit Kumar, Advocate CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 14-12-2016 Learned counsel for the petitioners is permitted to implead the District Programme Officer (Establishment), Vaishali at Hajipur as respondent no.9 in the cause title of these applications.

2. The petitioners of these cases are retired Assistant Teachers who were posted in the district of Vaishali in different Primary Schools. They have filed these applications for issuance of direction to the respondents to pay them the pensionary benefits in terms of Clause 2(V) and Clause 5 of the resolution of the Finance Department, Government of Bihar published in the Extraordinary Gazette in Memo No. 820 dated 23.09.2009 and amended from time to time vide Memo No. 1265 dated 18.12.2009 and Memo No. 119 dated 08.02.2010.

3. It has been contended by the learned counsel for the State that till date no representation has been filed by the

5 / 5 petitioners in respect of the grievances raised in the present writ petitions before the authorities concerned.

4.

Taking into consideration the facts and circumstances of the case, the petitioners who are seeking writ of mandamus are directed to file representation to the District Programme Officer (Establishment), Vaishali for the redressal of their grievances within four weeks from today and the said officer will consider their representation in the light of rules/circulars/resolution issued by the State Government from time to time and convey the result thereof to the petitioners by passing reasoned and speaking order within eight weeks from the date of receipt of the representations.

5. With the aforesaid observations and direction, the writ applications are disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.12.2016 Transmission NA Date