Dismissed

Dhaleshwar Paswan v. The State Of Bihar and Ors.

Patna HC19 Aug 2017CWJC/13435/2016

Case brief

AI extract

What is this about?

Petitioner sought condonation of shortfall period under Bihar Pension Rules, 1950 for pension grant. Court held writ jurisdiction is not maintainable since petitioner failed to apply to Competent Authority first. Petition disposed with liberty to approach authorities.

What did the court decide?

Writ petition disposed off with liberty to approach the Competent Authority for the relief sought.

Dhaleshwar Paswan Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 13435 of 2016

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Dhaleshwar Paswan, Son of Late Timpu Paswan, R/o Village- Kharik Bazar, P.S.Kharik, District- Bhagalpur.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through the Home Department, Government of Bihar, Patna. 2. The District Magistrate, Bhagalpur.

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The Sub-Divisional Magistrate, Naugachiya, District- Bhagalpur.

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The Circle Officer, Naugachiya Block, District Bhagalpur.

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The Officer-in-Charge, Kharik P.S., District- Bhagalpur.

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	.... .... Respondent/s
==================	=========================================
Appearance :
For the Petitioner/s	: Mr. Vinay Ranjan, Advocate
For the State	: Mr. P. K. Verma, A.A.G. 3
	Mr. Dr. Mankeshwar Tiwari, A.C. to A.A.G. 3
==================	=========================================
CORAM: HONOURAB	LE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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Date: 19-08-2017

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Heard learned counsel for the petitioner and the State.

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The petitioner has moved the Court seeking a direction to the respondents to exercise power conferred under Rule 106(2) Note (b) of the Bihar Pension Rules, 1950 to condone the period of shortfall for grant of pension to the petitioner.

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Learned counsel for the State took a preliminary objection and submitted that for such condonation of the period of shortfall, a formal application is required to be filed before the Competent Authority but in the present case, there is no averment that such application has been filed and only a vague statement has been made that the authorities were requested.

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Patna High Court CWJC No.13435 of 2016 dt.19-08-2017

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2/2

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Having considered the matter, the Court finds substance in the objection raised by learned counsel for the State. The petitioner cannot be allowed to move straight to the Court under writ jurisdiction for the relief for which he was obliged to approach the Competent Authority at the first instance and only thereafter he could have moved the Court in the event an adverse order was passed.

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In view thereof, the writ petition stands disposed off with liberty to the petitioner to approach the Competent Authority for the relief sought for in the present writ application.

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(Ahsanuddin Amanullah, J.)

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P. Kumar

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AFR/NAFR U

Dhaleshwar Paswan v. The State Of Bihar and Ors.

Case brief

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Dhaleshwar Paswan v. The State Of Bihar and Ors.

Case brief

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