Rakesh Roshan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16479 of 2024 ====================================================== Rakesh Roshan Singh son of Sri Rajeshwar Prasad Singh, Assistant Professor, Department of History, Purnea Mahila College, Purnea, R/o. Purnea Mahila College Campus, P.S. Purnea Sadar, Purnea, permanent resident of 813/19, EBlock, Sri Ram Nagari Shyam Nagar, Sujat Ganj, Kanpur, Uttar Pradesh. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Finance, Government of Bihar, Patna.

2.

The Secretary, Finance Department, Government of Bihar, Patna. 3.

The Director, Higher Education, Patna, Bihar. 4.

The Purnea University, Purnea through its Registrar. 5.

The Registrar, Purnea University, Purnea.

6.

The Principal, Purnea Mahila College, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Jha, Adv.

For the Respondent/s :

Mr. Government Advocate (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned A.C. to G.A. 9.

2. Learned counsel for the petitioner submitted that petitioner was appointed as an Assistant Professor in the department of History at Purnea Mahila College, Purnea under Punea University on 14.01.2020. It is next submitted that petitioner prior to join Purnea Mahila College as an Assistant Professor was working as an Assistant Teacher in Cantonment Board, Kanpur from 14.02.2003 till 13.01.2020. It is next submitted that the service of the petitioner as an Assistant

Patna High Court CWJC No.16479 of 2024(2) dt.19-11-2024 2/3 Teacher in Cantonment Board, Kanpur was pensionable but after joining the Purnea Mahila College as Assistant Professor in the department of History from 14.01.2020, the petitioner was under the new pension scheme and not under the old pension scheme. Learned counsel next submitted that the Government of Bihar in the Department of Finance had issued Resolution No. 1548 dated 27.06.2011 with respect to such employees who were working with the Central Government and after 01.09.2005 joined the services of the State Government were covered under the old pension scheme.

Learned counsel next submitted that even the University has accepted the said resolution of the State Government but then the benefit of the old pension scheme has not been given to the petitioner as his service rendered at Kanpur has not been added in the present service for which the petitioner has represented before the Registrar, Purnea University vide his representation dated 30.03.2024. It is also submitted that even the department of Finance has given its concurrence and even the University vide Annexure-7 has taken a decision that petitioner is entitled for the said benefit but then his representation dated 30.03.2024 is still pending.

3. Learned counsel appearing on behalf of the

Patna High Court CWJC No.16479 of 2024(2) dt.19-11-2024 3/3 University submits that the writ application be disposed of with a direction to the Registrar, Purnea University to dispose of the representation of the petitioner dated 30.03.2024 in accordance with law within a time frame.

4. After hearing learned counsels for the parties, the writ application is disposed of with a direction to the Registrar, Purnea University to dispose of the representation of the petitioner dated 30.03.2024 in accordance with law within a period of three months from the date of production of the order.

5. Accordingly, the writ application is disposed of. (Satyavrat Verma, J) annpurna/- U T