Amitabh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12013 of 2023 ====================================================== Amitabh Kumar Gupta Son of Late Schidanand Prasad, Resident of Near Police Adda, Marwari Mohalla, P.S. - Gopalganj Town, District - Gopalganj, Bihar - 841428.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 4.

The Principal Secretary, Co-operative Department, Government of Bihar, Patna.

5.

The Director, General Provident Fund, Bihar, Patna. 6.

The District Magistrate, Kishanganj.

7.

The Accountant General of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kaushik For the Respondent/s :

Mr.Md. Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to grant the benefit of Old Pension Scheme under the Bihar Pension Rules, 1950 to the writ petitioner in place of new contributory pension funds scheme as the writ petitioner was initially appointed District Audit Officer on 04.05.2005 prior to his selection and appointment to the post of Deputy Collector on 14.08.2009.

Patna High Court CWJC No.12013 of 2023(2) dt.15-01-2024 2/3 (ii). For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to ensure opening of G.P.F. Account and deduction of G.P.F. Account from the date of appointment of the writ petitioner after deducting the contributions made under the New Pension Scheme.

(iii). For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to produce the order by which the representation of the petitioner for grant of benefit under the Bihar Pension Rule has been rejected by the respondent authorities in the General Administration Department."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Principal Secretary, General Administration Department, Government of Bihar, Patna, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case the petitioner approaches the Principal Secretary, General Administration Department, Government of Bihar, Patna, by filing appropriate representation, within a period of two weeks from today, the same shall be disposed off by a reasoned and a speaking order, in accordance with law, within a period of six weeks,

Patna High Court CWJC No.12013 of 2023(2) dt.15-01-2024 3/3 thereafter.

4.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U