The High Court allowed no relief in Letters Patent Appeal challenging a Writ Court order granting pension benefits to petitioners, dismissing the appeal as having no merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.64 of 2017 IN
Civil Writ Jurisdiction Case No. 10285 of 2014
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Mahesh Prasad Singh, son of Late Ramanand Singh, resident of Village- Ufraul, P.O.- Dihari, P.S.- Pipra, District- Patna.
.... .... Appellant/s
Versus
.... .... Respondent/s
=========================================================== Appearance :
For the Appellant/s : Mr. Birendra Kumar Singh,Adv For the Respondent/s : Mr.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) Date: 18-06-2018
The appellant is aggrieved by the impugned judgment dated
08.04.2015 passed in C.W.J.C No.10285 of 2014 disposed off with analogous C.W.J.C No.1633 of 2015 by the learned writ Court.
Patna High Court LPA No.64 of 2017 dt.18-06-2018
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once they had opted for getting their retirement benefit under Contributory Provident Fund, how can they be allowed to turn around and claim pension under the Bihar Pension Rules in terms of the order dated 27.03.2015.
“ In view of the rival submissions, for the present, petitioners be granted benefit of pension in terms of Contributory Pension Scheme within one month from the date of receipt/production of a copy of this order before the authorities of the Agency, if not already granted, and thereafter the authorities of the Agency should consider the submission noted above that predecessor body of the Agency having already adopted the Bihar Pension Rules, can the successor Agency not abide by the same only on the pretext of paucity of fund. Aforesaid reasoned order be also passed by the Commissioner-cum-Chairman of the Agency within the same time.”
writ Court we do not find any error in the impugned order.
dismissed.
(Rajendra Menon, CJ)
(Rajeev Ranjan Prasad, J)
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Mahesh Prasad Singh
The State of Bihar
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
