Disposed

Lal Babu Sharma and Ors. v. The State Of Bihar and Ors.

Patna HC12 Apr 2016CWJC/12910/2013

Case brief

AI extract

What is this about?

Petitioners sought directions to grant pension under the J.P. Samman Scheme for services rendered during custodial sentences. The bench permitted a fresh representation to be filed. The Chairman of the Selection Committee was impleaded. The case was disposed of by directing an inquiry within three months.

What did the court decide?

The writ application was disposed of. Petitioners are permitted to file individual representations with supporting documents for consideration by the Chairman of the Selection Committee. The responden

Lal Babu Sharma and Ors. Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.12910 of 2013

¶3

=========================================================== 1. Lal Babu Sharma S/O Ram Ratan Sharma Resident Of Village Baniapur Tole Parsa, P.S.- Baniapur, District- Saran At Chapra 2. Chandrama Singh S/O Late Sheo Bachan Singh Resident Of Village- Dharibari, P.O.- Baniapur, P.S.- Baniapur, District- Saran At Chapra 3. Rameshwar Singh S/O Sakaldeo Singh Resident Of Village- Chorwa, P.S.Baniapur, District- Saran At Chapra

¶4

Chandeshwar Yadav @ Chandeshwar Rai S/O Late Mehilal Rai Resident Of Village- Dharibari, P.O. + P.S.- Baniapur, District- Saran At Chapra 5. Bishwanath Ray S/O Late Radha Rai Resident Of Village- Kamta, P.S.Baniapur, District- Saran At Chapra

¶5

Vakil Dixihit S/O Daroga Dixhit Resident Of Village- Dhanawa, P.O. + P.S.Baniapur, District- Saran At Chapra

¶6

Jagarnath Prasad S/O Late Ram Chandra Prasad Resident Of Village- Bangali Bhithi, P.S.- Baniapur, District- Saran At Chapra

¶7

Biswanath Ram S/O Late Dahari Ram Resident Of Village Salua Tola Imanganj, P.S.- Baniapur, District- Saran At Chapra

¶8

Laljee Sharma S/O Ram Ayodhya Sharma Resident Of Village- Dharibari, P.S.Baniapur, District- Saran At Chapra 10. Shivnath Choudhary S/O Ram Pravesh Choudhary R/O Vill.- Gopalpur, P.S.Baniapur, District- Saran 11. Janardan Prasad, S/O Ram Ekbal Prasad R/O Vill.- Parsa, P.S.- Baniapur, District- Saran .... .... Petitioner/s

¶9

Versus

¶10

The State of Bihar 2. The Principal Secretary, Home Department, Govt. of Bihar, Patna 3. The District Magistrate , Saran, Chapra 4. The Superintendent of Police, Saran, Chapra 5. The Superintendent of Central Jail, Chapra 6. The Officer-in-charge, Benipur, P.S. + Distt Saran 7. The Chairman Selection Committee J.P. Samman Pension, Bihar Patna

¶11

.... .... Respondent/s

¶12

===========================================================

¶13

Appearance :

¶14

For the Petitioner/s : Mr. S.K.Singh For the Respondent/s: Mr. S.A.Alam, SC 3 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 12-04-2016

¶15

As prayed, let the Chairman of the Selection Committee be

¶16

impleaded as party respondent no.7.

¶17

Heard the counsel for the petitioners and the State.

¶18

Patna High Court CWJC No.12910 of 2013 dt.12-04-2016

¶19

2/3

¶20

11 petitioners have joined hands to seek a direction upon the respondents, particularly respondent no.7, to consider and grant them pension under the J.P. Samman Scheme which has been implemented by the respondent State vide resolution at Annexure-3.

¶21

Diverse statements have been made to demonstrate that they remained in custody for required number of days which would entitle them to grant of pension under the said Scheme.

¶22

The respondents, by filing counter affidavit, have disputed the claim of the petitioners. In this connection, it has been pointed out that the jail authorities have not issued certificate in respect of the petitioners certifying that they suffered incarceration under the relevant provisions of the Act which shall entitle them to the grant of such pension/family pension.

¶23

On a consideration of the rival submission what appears apparent that the claims of the petitioners are pending consideration before the respondent particularly the respondent no.7. Diverse aspects of the matter are required to be considered/examined before grant/refusal of the claim(s).

¶24

The ends of justice, in my considered view, shall be met if the writ application is disposed of permitting the petitioner to file individual representation(s) supported with the document on which he/they seek(s) to rely before respondent no.7 for consideration and disposal in accordance with law. Needless to observe if any such representation is filed together with a copy of the present order, the concerned respondent shall examine the said grievance of the petitioners, make appropriate enquiry, if so required, and take final decision and either reject the claim or make recommendation to the respondents State for grant of pension/family pension. Any such inquiry, if made, should be concluded as quickly as possible preferably within 03 months from the date of filing of the

¶25

Patna High Court CWJC No.12910 of 2013 dt.12-04-2016

¶26

3/3

¶27

representation.

¶28

The writ application stands disposed of.

¶29

(Kishore Kumar Mandal, J)

¶30

HR/-
U

Lal Babu Sharma and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Lal Babu Sharma and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ranjana Devi and Ors. Vs The State Of Bihar

Md. Bishmillah Ansari @ Bismillah Ansari and Ors. Vs The State Of Bihar

Anand Madhukar Vs The State Of Bihar and Ors.

Deenanath Yadav Vs The State Of Bihar

Rajeev Ranjan Vs The State Of Bihar

Rajendra Prasad @ Rajindra Prasad and Ors. Vs The State Of Bihar