Nand Lal Sah And ANR. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15807 of 2012 ===========================================================
1. Nand Lal Sah, Son of Late Bachan Sah,
2. Dilip Kumar Sah, Son of Hajjo Sah Both are residents of Village - Pain, P.S. Sultanganj, District - Bhagalpur .... .... Petitioners
Versus
1. The State of Bihar through the Secretary Home (Special) Government of Bihar Patna
2. The District Magistrate Bhagalpur .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. SAMIR KUMAR SINGH, ADV. For the Respondent/s : Mr. PRABHAKAR TEKRIWAL-GA1 =========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 06-08-2015 Heard learned counsel for the petitioners and learned counsel for the respondents.
The petitioners seek direction to include their names in the list of J.P. Senani Samman Yojna as per the Government Resolution dated 05th June, 2009, notified in the extraordinary Gazette published on 30th July, 2009 as contained in Annexure-3.
The case of the petitioners is that they participated in J.P. Movement in 1974, consequent to which they were sent to jail. They remained in custody from 28.06.1974 to 08.08.1974 in Gardanibagh Thana P.S. Case No. 59(6) of 1974 under Sections 143 and 188 of the Indian Penal Code and under Section 7 of the
Patna High Court CWJC No.15807 of 2012 dt.06-08-2015 2/2 Criminal Law. They have raised a grievance that their names have not been included in the list of persons found eligible for payment of pension.
Learned counsel for the petitioners contends that in similar situation one Dinesh Prasad Sharma @ Rameshwar Das moved before this Court in C.W.J.C. No. 17630 of 2010 which was disposed of on 29.06.2012 with an observation that if, the District Magistrate, on verification finds that the petitioners are eligible for pension, he would forward their case to Home (Special) Department, Government of Bihar.
On the other hand, Counsel for the State submits that as per the Gazette notification, only such persons, who were arrested for the charge under DIR or MISA would be eligible for pension.
Having regard to the facts of the case, the application is disposed of with liberty to the petitioners to satisfy the District Magistrate, Bhagalpur that their case would come within the scheme.
The application stands disposed of.
(Samarendra Pratap Singh, J.) Vats/- U