Gulo Mandal v. The State Of Bihar and Ors.
Case brief
What is this about?
Petitioner sought Samman Pension under J.P. Samman Scheme was denied because application was addressed to incorrect authority. Court examined power of relaxation in resolution and granted liberty to file fresh application before Additional Secretary within four weeks, with mandatory disposal within three months.
What did the court decide?
Liberty granted to file fresh application before Additional Secretary within four weeks; authority to dispose within three months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1712 of 2013
====================================================== Gulo Mandal S/o Late Kokil Mandal R/o Village- Rishi Pahar Pur, P.O.Paharpur, P.S.- Suryagarha, District- Lakhisarai .... .... Petitioner/s Versus 1. The State of Bihar 2. The Principal Secretary Home Department, Government of Bihar, Patna 3. The Secretary, Home (Special) Department, Government of Bihar, Patna 4. The Deputy Secretary Home (Special) Department, Government of Bihar, Patna 5. The Divisional Commissioner, Munger Division, Munger 6. The District Magistrate, Lakhisarai 7. The Senior Superintendent of Police, Lakhisarai 8. The Sub-Divisional Officer, Lakhisarai 9. The Superintendent, Mandal Jail, Munger .... .... Respondent/s ====================================================== Appearance: For the Petitioner/s : Mr. Ambika Bhagat, Advocate For the Respondent/s : Mr. Jawahar Pd. Karn, AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
3 09-01-2015 Heard Mr. Ambika Bhagat, learned counsel for the petitioner and Mr. Sidharth Prasad, learned Assisting counsel to AAG-4 for the State. The petitioner has prayed for a direction to the respondent authorities of the Home (Special) Department, Government of Bihar for grant of Samman Pension under the J.P. Samman Scheme.
Mr. Ambika Bhagat, learned counsel appearing on behalf of the petitioner with reference to Annexure-3 to the writ petition has submitted that upon invoking the provisions of Right
Patna High Court CWJC No.1712 of 2013 (3) dt.09-01-2015
2
to Information Act, 2005 that the petitioner was informed that since the application form was addressed to the Deputy Secretary hence it was not taken into consideration.
Issues for consideration
3 issues framed by the court
Whether the failure to address the Samman Pension application to the primary authority prevents it from being entertained despite the scheme's requirements.
Whether the relaxation power under paragraph-4 of the resolution dated 5.6.2009 allows the petitioner to file a fresh application before the correct authority.
Whether liberty should be granted to file a fresh application within four weeks with conditions for disposal.
Parties & counsel
- petitioner
Gulo Mandal S/o Late Kokil Mandal
- respondent
The State of Bihar
- respondent
The Principal Secretary Home Department, Government of Bihar
- respondent
The Secretary, Home (Special) Department, Government of Bihar
- respondent
Additional Secretary, Home (Special) Department, Government of Bihar
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court