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Daya Ram Yadav v. The State Of Bihar and Ors.

Patna HC3 Dec 2018CWJC/15637/2014

Case brief

AI extract

What is this about?

Petitioner challenged refusal of J.P. Senani Pension. Court directed submission of representation with proof of arrest under MISA or DIR to Principal Secretary Home, who must grant hearing and decide claim within six weeks.

What did the court decide?

Petitioner must submit representation with proof of arrest under MISA/DIR to Principal Secretary, Home; authority must hear and decide within six weeks.

Daya Ram Yadav Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15637 of 2014

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Daya Ram Yadav, Son of Late Sitaram Yadav, R/o Village-Kabaria, P.S.-Sadar Darbhanga, District-Darbhanga.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The Chief Secretary, Govt. of Bihar, Patna.

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The Principal Secretary, Department of Home, Govt. of Bihar, Patna.

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The Principal Secretary, Finance Department, Govt. of Bihar, Patna.

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The Collector, Darbhanga, District-Darbhanga.

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The S.P. Darbhanga, District-Darbhanga.

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The Superintendent of Jail, Bhagalpur Central Jail, Bhagalpur, DistrictBhagalpur.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Diwakar Yadav, Adv. For the Respondent/s : Mr. Pushkar Narain Shahi, AAG-6 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 03-12-2018

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The petitioner is aggrieved by the action of the respondent authorities in his being refused to be paid J.P. Senani Pension under the J.P. Senani Samman (Pension) Scheme, 2009.

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Mr. Pushkar Narain Shahi, learned Additional Advocate General No. 6, submits that for the petitioner to be

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paid the aforesaid pension, he is required to demonstrate that he was arrested within 1974 to 1977 and that also in

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Patna High Court CWJC No.15637 of 2014 dt.03-12-2018 2/2

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connection with either Maintenance of Internal Security Act (MISA) or Defense of India Rules (DIR).

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Let a representation be made by the

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petitioner along with the proof of the fact that his arrest was pursuant to his being implicated either for violation of MISA or DIR before respondent No. 3 within a period of four weeks and on receipt of such application, the respondent No. 3, after giving the petitioner a hearing, shall take a call whether the petitioner is entitled to be paid the pension or not. In case, it is found that he is entitled for the same, necessary/sequel orders shall be passed by the respondent No. 3 within a period of six weeks to be counted from the date of submission of the representation of the petitioner.

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With the aforesaid observation, the writ petition stands disposed off.

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(Ashutosh Kumar, J)

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Praveen-II/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	05.12.2018
Transmission Date	N/A

Daya Ram Yadav v. The State Of Bihar and Ors.

Case brief

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Daya Ram Yadav v. The State Of Bihar and Ors.

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