Rama Shankar Prasad Shrivastava @ Rama Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21754 of 2019 ====================================================== Rama Shankar Prasad Shrivastava @ Rama Shankar Prasad Son of late Kalika Prasad, Resident of Mohalla- Kailashpuri Dumra, Ward No. 10, P.O. and P.S. Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Health, Government of Bihar.

2.

The Principal Secretary, Department of Health, Government of Bihar, Patna. 3.

The Director-in-Chief, Health Services, Department of Health, Government of Bihar,Patna.

4.

The District Magistrate, Sitamarhi.

5.

The Chief Medical Officer-Cum-Civil Surgeon, Sitamarhi. 6.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the States :

Mr. Pankaj Kumar (Sc12) For the Accountant General :

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2023 Heard the parties.

From the writ petition it is clear that the petitioner was appointed in the year 2007 vide Memo No. 4535 dated 28.11.2007.

The counter affidavit was filed way back from which it is very clear that the petitioner came into service after the New Pension Scheme and as such has been rightly put in that category.

Merely because he was empanelled earlier, the petitioner cannot claim to be treated the under Old Pension Scheme.

Patna High Court CWJC No.21754 of 2019(6) dt.19-05-2023 2/2 The writ petition is misconceived and is accordingly dismissed.

(Rajiv Roy, J) Prakash Narayan / Sunil U