Dismissed

Ram Krishna Sinha v. The State of Bihar

Patna HC1 May 2019CWJC/7320/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a Government resolution granting 2% horizontal reservation to grandchildren of pension-receiving Freedom Fighters. The court rejected the claim of a vested right for the petitioner based on descent. It upheld the resolution as a mark of respect, noting that the primary beneficiaries would soon reach employment age.

What did the court decide?

The writ petition was dismissed with no merit found.

Ram Krishna Sinha Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7320 of 2019

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Ram Krishna Sinha Son of Late Rajdeo Sinha Resident of Soldiha house Ward No. 30, Karari Hill, P.S. - Rampur, Distt. - Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.

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Principal Secretary General Administration Department, Bihar, Patna.

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Additional Secretary General Administration Department Bihar, Patna.

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Chairman, Bihar Public Service Commissioner 15 Jawaharlal Nehru Marg (Baily Road), Bihar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kumar Rajeev, Advocate For the Respondent/s : Mr.Manish Kumar (GP-4) ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 01-05-2019

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The petitioner is aggrieved by the resolution of

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the Government whereby two percent horizontal reservation has been made admissible to the grandchildren of pension receiving Freedom Fighters.

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The learned counsel for the petitioner submits

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that the aforenoted resolution is not only arbitrary but is without any purpose.

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There is a reason behind making such privilege

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available to grand-children of Freedom Fighters and not the children. The children of the Freedom Fighters, in all

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Patna High Court CWJC No.7320 of 2019 dt.01-05-2019 2/2

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its probability would have crossed the age of employment. However, as a mark of respect to such Freedom Fighters, the resolution aims at giving benefit to grand-children of such Freedom Fighter pensioners. Merely because the petitioner, who is the son of the Freedom Fighter still has the age for being appointed, he cannot question the correctness of the resolution, otherwise also, there is no vested right of the petitioner

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to get reservation on the ground of his descent.

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There is no merit in the writ petition and it is

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dismissed.

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(Ashutosh Kumar, J)

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Shageer/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	07/05/2019

Ram Krishna Sinha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Krishna Sinha v. The State of Bihar

Case brief

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