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Patna High CourtCWJC/14342/2024disposed

Rakesh Kumar v. The State Of Bihar

2024-09-20Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14342 of 2024 ====================================================== Rakesh Kumar Son of Ram Pravesh Singh Resident of- 168, Gultera Bazar, Professor Colony, Police Station- Bihta, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretray, Department of Transport, Government of Bihar, Patna.

2.

State Transport Commissioner, Bihar, Patna.

3.

The Deputy Secretary, Department of Transport, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

:

Mr. Sarvadeo Singh, Adv.

For the Respondent/s :

Mr. Rakesh Prabhat, AC to SC21 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed with limited relief that he may be directed to consider for Old Pension Scheme under resolution issued by Department of Finance, Government of Bihar contained in Memo No.1206 dated 28.11.2023.

3. Learned Counsel for the petitioner further submits that in the said resolution Clause 4(iv) indicates that the representation has to be submitted before the concerned Authority within 6 months. He further submits that the petitioner has submitted his representation which is Annexure-P/4 of the

Patna High Court CWJC No.14342 of 2024(2) dt.20-09-2024 2/2 writ petition on which no decision has been taken yet. He further submits that the case of the petitioner is covered under Clause 4(i) and 4(iii) of the said resolution.

4. Learned Counsel for the State submits that since the said representation is pending therefore, only direction may be issued to the concerned Authority to take decision in this matter.

5. In the light of the submissions made, the present writ petition is hereby disposed off, directing the Respondent No.2 to take decision on the representation of the petitioner within 90 days from the date of production of this order, considering the said Circular issued by the Government of Bihar contained in Memo No.1206 dated 28.11.2023 vide Annexure P/2 of the writ petition.

6. With the aforesaid direction, the present writ application stands disposed off.

(Dr. Anshuman, J.) Prakashmani/- U