Bikash Kumar Singh @ Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17637 of 2024 ====================================================== Bikash Kumar Singh @ Vikash Kumar Singh S/o Late Indradeo Narayan Singh Permanent R/o- Gaurakshini, Panjabi Mohalla, P.S.- Sasaram, Dist.- Rohtas, Bihar, presently residing at HMT- 20 K, Govindpur C, P.S.- Bokaro Thermal, Dist.- Bokaro, Jharkhand.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Old Secretariat, Patna, Bihar. 2.

The Secretary, Home Department (Special), Government of Bihar, Old Secretariat, Patna, Bihar.

3.

The Deputy Secretary, Home Department (Special), Govt. of Bihar, Patna. 4.

The Chairman, Salahakar Parishad, J.P. Senani Saman Yojana, A 3/24, Bailey Road, Near Biological Park, Patna.

5.

The Secretary, Salahakar Parishad, J.P. Senani Saman Yojana, A 3/24, Bailey Road, Near Biological Park, Patna.

6.

The District Magistrate-cum- Collector, Sasaram, Rohtas, Bihar. 7.

The Public Information Officer, Office of the Jail Superintendent, Central Jail Buxar, District- Buxar, Bihar.

8.

The Public Information Officer, Office of the Jail Superintendent, District Jail, Arrah, District- Bhojpur, Bihar.

9.

The Public Information Officer, Office of the Jail Superintendent, Chandwara Camp, Jail, (Central Jail- Hazaribag, Jharkhand), Jharkhand, District- Hazaribag.

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

For the Petitioner/s :

Mr.Avanish Kumar Singh, Advocate For the Respondent/s :

Mr.Dhurendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-11-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) To command and direct the respondents to grant J.P. Senani Pension to the petitioner under the J.P. Senani Samman Pension Yojana, 2007, since the petitioner fulfills the necessary

Patna High Court CWJC No.17637 of 2024(2) dt.26-11-2024 2/3 criteria for grant of the same.

(ii) To declare and hold that the petitioner is entitled for pension under the category "Persons who have suffered incarceration for more than 6 months" under the JP Senani Samman Pension Yojana, 2007 and be paid the entire pension amount including arrears since the beginning of the scheme till today at the earliest. "

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Secretary, Home Department (Special) Government of Bihar, Patna to take a final decision with regard to the case of the petitioner for grant of JP Senani Samman Pension.

3. At this juncture, the learned counsel for the petitioner submits that the petitioner has already filed an application for grant of JP Senani Samman Pension, before the respondent no.2, however, no decision has yet been taken, nonetheless, it is submitted that the petitioner shall be filing a fresh application for grant of JP Senani Samman Pension, hence the same be directed to be considered, in accordance with law, forthwith.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to

Patna High Court CWJC No.17637 of 2024(2) dt.26-11-2024 3/3 file appropriate petition for grant of pension under the JP Senani Samman Pension Yojana, 2007, before the respondent no.2 and in case such a petition is filed within a period of two weeks from today, the respondent no.2 shall take a final decision thereon within a period of eight weeks, thereafter.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U