Hari Krishna Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2865 of 2014 ======================================================

1. Hari Krishna Thakur Son of Late Sanmukh Thakur resident of village Bisi Khurd, P.O. Bisi Kalan P.S. Dinara District Rohtas, Presently Residing at Sanmukh Sadan, 09, Nandanpuri Colony Ambedkar Path, Khajpura, Patna - 14 .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Home Secretary Govt. of Bihar, Patna

3. The Home Commissioner, Govt. of Bihar, Patna

4. The Director General of Police Bihar, Patna

5. The Secretary, J.P. Senani Yojna Advisory Board, Old Secretariat, Patna

6. The Director General of Police (Prison) Govt. of Bihar

7. The Additional Secretary, Home Department (Special), Government of Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Vinay Prasad Singh (Sanjay), Adv. For the Respondent/s : Mr. N.K. Singh, S.C. II ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 09-01-2015 Learned counsel is permitted to add the Additional Secretary, Home Department (Special), Government of Bihar as respondent No.7 to the present proceedings during the course of the day.

The petitioner is aggrieved by the action of the respondent authorities in not considering his application for grant of Samman Pension under the Jai Prakash Senani Samman Scheme enforced in the State of Bihar.

Mr. Ram Vinay Prasad Singh, learned counsel for the petitioner submits that although the petitioner fulfilling all the

Patna High Court CWJC No.2865 of 2014 (3) dt.09-01-2015 2 / 3 eligibility criteria for grant of pension filed his application before the appropriate authority i.e. the Additional Secretary, Home Department(Special) on 29.8.2011 along with the relevant documents but the matter has remained pending at that stage in as much as no steps has been taken by the Additional Secretary for consideration and disposal of the claim of the petitioner The writ petition was filed on 3.2.2014 and was heard on 1.12.2014 when learned State counsel was directed to seek instructions and file counter affidavit. The matter has thereafter been taken up more than one month thereafter when Mr. Sunil Kumar A.C. to S.C. 2 informs that though he has informed the concerned authorities but he has not received instructions and prays for time.

Having heard learned counsel for the parties and considering the nature of grievance, this writ petition is disposed of with direction to the newly added respondent no.7 the Additional Secretary, Home Department (Special), Bihar, Patna to consider the application of the petitioner filed on 29.8.2011 for grant of Samman Pension under the Jai Prakash Senani Samman Scheme and disposed of the same within six weeks of receipt/production of a copy of this order. In case the petitioner is found entitled to pension then necessary orders may be passed in

Patna High Court CWJC No.2865 of 2014 (3) dt.09-01-2015 3 / 3 this regard, however in case the petitioner is not found entitled to the pension, his claim should be disposed of by speaking order. With the directions aforementioned, this writ petition stands disposed of.

(Jyoti Saran, J) Bibhash/- U