Madan Mohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17896 of 2023 ====================================================== Madan Mohan Prasad Son of Late Thakuri Singh, Resident of Village Kumbhi, P.O.- Samay, P.S.- Warisaliganj, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

2.

The Special Secretary, Department of Home (Special), Govt. of Bihar, Patna. 3.

The Director General Cum Commandant General of Home Guards and Fire Extinguishing Services, Bihar, Patna.

4.

The District Magistrate, Nawada.

5.

The District Commandant, District Home Guards, Nawada. 6.

The Treasury Officer, Nawada.

7.

The Officer-in-Charge, Thali, Police Station, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Anuj For the Respondent/s :

Mr. Government Pleader 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 22-01-2024 Heard Mr. Harsh Anuj, learned counsel appearing on behalf of the petitioner and learned counsel for the State.

2. The petitioner, was initially appointed as Constable (8052) of Bihar Home Guards in the district of Rohtas on 01.01.1982 and on being transferred, joined the district of Nawada in the year 2015 and after serving so many places, superannuated from Thali Police Station on 31.12.2022.

3. It is submitted on behalf of the petitioner that taking note of the pathetic financial condition and the rigors of service, the Government of Bihar in the year 2015 vide its resolution dated 03.07.2015 under Memo No. 7381 took a decision to extend grant of Rs.1,50,000/- to the Constables of

Patna High Court CWJC No.17896 of 2023 dt.22-01-2024 2/2 the Bihar Home Guard on attaining the age of superannuation. Despite several representations filed on behalf of the petitioner to all the concerned, including respondent no. 5, for ventilating his grievance, the petitioner has not been accorded the grant of Rs.1,50,000/- compelling him to approach before this Court by filing the present writ petition.

4. Considering the limited grievance of the petitioner, the present writ petition stands disposed of with a direction to the District Magistrate, Nawada to consider the claim of the petitioner and ensure payment of grant, if found admissible, in terms of the government resolution dated 03.07.2015 as contained in Memo No. 7381, copy of which has been brought on record by way of Anneuxre-P/2 to the writ petition, preferably within a period of 12 weeks from the date of receipt/production of a copy of this order.

5. The writ petition stands disposed of with the aforesaid observation and direction.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 23.01.2024 Transmission Date