The Union Of India, Through The Chairman, Railway Board v. Kumar Rajnish
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15486 of 2022 ====================================================== 1.
The Union of India, through the Chairman, Railway Board Ministry of Railway, Rail Bhawan, New Delhi, Pin- 110001. 2.
Director, Establishment Railway Board, Ministry of Railway, Rail Bhawan, New Delhi, Pin- 110001.
3.
General Manager East Central Railway, Hazipur, Bihar, Pin- 844101. 4.
Financial Advisor- cum- Chief Accounts Officer East Central Railway, Hazipur, Bihar, Pin- 844101.
5.
General Manager North East Frontier Railway, Maligaon, Assam, Pin781012. 6.
General Manager (Personnel) North East Frontier Railway, Maligaon, Assam, Pin- 781012.
7.
Financial Advisor-cum- Chief Accounts Officer North East Frontier Railway, Maligaon, Assam, Pin- 781012.
8.
Deputy Chief Personnel Officer (Gazetted) North East Frontier Railway, Maligaon, Assam, Pin- 781012.
9.
Chairman, Railway Recruitment Board Station Road, Guwahati- 781001. 10.
Divisional Railway Manager (Personnel) North East Frontier Railway, Lumding Division, Lumding, Pin- 782447.
11.
Assistant Personnel Officer North East Frontier Railway, Lumding Division, Lumding, Pin- 782447.
... ... Petitioner/s
Versus
1.
Kumar Rajnish Son of Shri Radha Mohan Prasad Asthana Resident of Mohalla- Chandmari Ekawna, Chitragupta Sadan, Near Saphi Mandir Road, P.O.- Motihari, P.S.- Motihari, District- East Champaran 845401, presently posted as Station Master, at Gokhula Station under Samastipur Division of East Central Railway.
2.
Ranjeet Kumar Son of Shri B.P. Singh Resident of Mohalla Ashok Nagar, Bhatbigha, P.O.- Gaya, P.S., R.S.- Gaya, District- Gaya 823001, presently posted as Station Master at Shivpur Station, under Dhanbad Division of East Central Railway.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshuman Singh (C.G.C.) For the Respondent/s :
Mr. Bhanu Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT
Patna High Court CWJC No.15486 of 2022 dt.17-05-2023 2/3 (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 17-05-2023 Learned counsel for the petitioners filed supplementary affidavit, the same is taken on record.
2. Perusal of the supplementary affidavit and material information, it is evident that petitioners have taken policy decision to give option to such of those employees who were appointed subsequent to the introduction of New Pension Scheme could opt for Old Pension Scheme.
On 03.05.2023, following order was passed:- "Learned counsel for the petitioner, on instruction, submitted that Railway Authorities/ Department have taken a decision that such of those employees who were appointed subsequent to the New Pension Scheme (NPS) were given option on 10.03.2023 either to opt Old Pension Scheme (OPS) or New Pension Scheme (NPS).
In the light of aforesaid facts, the present petition does not survive.
However, learned counsel for the petitioner intends to bring certain documents on record by next date of hearing.
Relist this matter on 17.05.2023 and it is made clear that no further time would be granted."
3. In the light of these facts and circumstances, the present petition stands disposed of. The respondents is permitted to invoke remedy in the light of new policy decision of the
Patna High Court CWJC No.15486 of 2022 dt.17-05-2023 3/3 petitioners with reference to Annexure-8 dated 10.03.2023 vide supplementary affidavit filed on behalf of petitioners dated 16.05.2023.
(P. B. Bajanthri, J) ( A. Abhishek Reddy , J) rakhi/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 19.05.2023 Transmission Date N.A.