Dismissed

Ramjee Singh v. The State Of Bihar and Ors.

Patna HC28 Jul 2016CWJC/2056/2014

Case brief

AI extract

What is this about?

In a writ petition, Ramjee Singh challenged the rejection of his claim for J.P. Senani Samman pension, arguing he received injuries during an agitation. The High Court found no material to the alleged detention but noted the injury claim. The Court declined to substitute the authority's view due to lack of perversity and dismissed the petition.

What did the court decide?

The writ application was dismissed.

Ramjee Singh Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.2056 of 2014

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=========================================================== 1. Ramjee Singh,, Son Of Late Rajdeo Singh, Resident Of Village Bafapur Sharma, P.S. Lalganj, District Vaishali

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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The Secretary, Department Of Home (Special) Government Of Bihar, Patna 3. Deputy Secretary, Department Of Home (Special), Government Of Bihar, Patna 4. District Magistrate, Vaishali

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Deputy Collector Incharge District Administration, Vaishali

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Sub Divisional Officer, Hajipur, District Vaishali

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Block Development Officer, Lalganj, District Vaishali

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Dudh Nath Singh For the Respondent/s : Mr. Manoj Kumar Ambastha, S.C.-26

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Mr. Tripurari Nath Ambastha, A.C. to S.C.-26

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=========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 28-07-2016

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Heard the Counsel for the petitioner and the State.

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Counter affidavits have been filed on behalf of the concerned respondents.

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Petitioner claims himself entitled to grant of J.P. Samman Pension under the J.P. Senani Samman Scheme implemented in the State of Bihar vide resolution dated 5^th June, 2009 taken in the Department of Home (Special), Government of Bihar, copy whereof is appended as Annexure-3.

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A writ petition being C.W.J.C. No. 20499 of 2012 was filed by him. A Bench of this Court by a proceeding dated 02.11.2012 (Annexure-9) disposed of the application permitting the petitioner to

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Patna High Court CWJC No.2056 of 2014 dt.28-07-2016

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2/3

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ventilate his grievance before the competent authority for grant of such pension in accordance with law. On an application filed by the petitioner, an enquiry was made and report was submitted. It was found that there was no material available with regard to the detention of the petitioner in jail but on the basis of the enquiries made from the local persons, it revealed that he received injury in an agitation and, therefore, can be considered as an injured person during the agitation. The competent authority, appreciating the materials on record, passed the impugned order dated 07.08.2013 (Annexure-1) rejecting the claim of the petitioner observing as under:-

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“ foHkkxh; l a dYi l a 0&111 fnuk a d 05@06@2009 ds vuqlkj vkUnksyu ds nkSjku ehlk vFkok Mh0vkbZ0vkj0 es a ,d ekg ls vf/kd dkjk es a fu:) jgs vFkok vkUnksyu ls er ds fo/kok@?kk;y gq, O;fDr dks gh is a ”ku nsus dk izko/kku gS A pw W fd oknh ds ?kk;y gksus ds l a c a /k es a ftyk inkf/kdkjh] oS”kkyh }kjk flQZ yksd Lefr ds vk/kkj ij izfrosnu Hkstk x;k gS vkSj ?kVuk ds l a c a /k es a dksbZ lk{; ;Fkk Fkkuk es a ntZ izkFkfedh l a [;k@Mk W DVj dk ewy fpfdRlk izek.k&i= vkfn l a yXu ugh a fd;k x;k gS vr% nkok dks Lohd`r ugh a fd;k tk ldrk gS] D;ks a fd ;g ,d foRrh; ekeyk gS A Qyr% mUgs ;kstuk ds rgr is a ”ku vuqekU; ugh a gS A

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vr% mi;qZDr rF;ks a ds vkyksd es a oknh Jh jketh fl a g] firk&Lo0 jktnso fl a g ds vH;kosnu dks vLohd`r fd;k tkrk gS A^^

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Diverse submissions have been advanced on behalf of

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the petitioner to assail the said findings of the respondent.

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It would be difficult for this Writ Court to substitute its

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own view in exercise of writ jurisdiction unless certain perversity in the order is shown to this Court. This is one of the limitations of the Writ Court.

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Patna High Court CWJC No.2056 of 2014 dt.28-07-2016

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3/3

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In the light of discussions made above, I am unable to

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find any merit in the writ application. It is, accordingly, dismissed.

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(Kishore Kumar Mandal, J)
Pankaj/-
U

Ramjee Singh v. The State Of Bihar and Ors.

Case brief

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Ramjee Singh v. The State Of Bihar and Ors.

Case brief

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