Disposed

Dinesh Prasad v. The State of Bihar

Patna HC14 Feb 2022CWJC/8043/2021

Case brief

AI extract

What is this about?

Petitioners, section peons, filed a writ petition seeking application of the Old Pension Scheme based on pre-2005 engagement and service book corrections. The court directed respondents to examine representations within four months and issue a speaking order.

What did the court decide?

Respondents directed to examine representations within four months; petition disposed of pending such examination and speaking order.

Dinesh Prasad Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8043 of 2021

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Dinesh Prasad Son of Ramakant Prasad resident of Dhaka Road Motihari, Mathiya Dih, Motihari, East Champaran, Bihar-845401, at present posted as Section Peon, R.W.D., Work Division, Motihari

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Md. Ajjajul Haque Son of Islam Shekh resident of Amaghwad, P.o.Bhediharawa, Belwa, West Champaran, Bihar-845449, at present posted as Section Peon, R.W.D., Work Division, Narkatiyaganj

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Md. Nurain Ansari Son of Akhtar Ansari resident of Ward no. 10, Station Road, Chanpatia, West Champaran, Bihar-845449, at present posted as Section Peon, R.W.D., Work Division, Betiya

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Yogendra Prasad Son of Kamal Prasad resident of village- Shripur, ward no. 12, P.o.- Shripur, Dharampur, Sugauli, District- resident of Amaghwad, P.o.Bhediharawa, Belwa, East Champaran, Bihar, at present posted as Section Peon, R.W.D., Work Division, Motihari

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Khurshid Alam Son of shekh Israil resident of Kathari, P.s.- Kathari, West Champaran, Bihar845449, at present posted as Night Guard, R.W.D., Work Division, Narkatiyaganj

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Adhik Lal Mandal Son of Banthu Mandal resident of Barhampur, Siripur, Barhampur, District- Darbhanga, Bihar-847239, at present posted as Peon, R.W.D., Work Division, Motihari

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Chitranjan Prasad Son of Yadu Lal Prasad resident of near NH 38, Mathiya Zirat, Motihari, East Champaran, Bihar-845401, at present posted as Section Peon, R.W.D. Work Division, Dhaka

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Parmeshwar Sah Son of Rampratap Sah resident of village- Chaita Devi Rai tola, P.s.- Chaita, District-East Champaran, Bihar-, at present posted as Section Peon, R.W.D., Work Division, Pakridayal

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Surendra Prasad sah Son of Kapildev Prasad resident of Sapgadha Tola, Akauna, P.o.- Misauliya, East Champaran, Bihar-845415, at present posted as Section Peon, R.W.D., Work Division, Dhaka

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Akshay Lal Ram Son of Brahmdeo Ram resident of village and P.o.Patajilawa, Chiraia, East Champaran, Bihar-845415, at present posted as Section Peon, R.W.D. Work Division, Dhaka

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Md. Rizwanullah Son of Md. Mobin resident of Purainia, Pirari, West Champaran, Bihar-845306, at present posted as section Peon, R.W.D. Work Division, Narkatiyaganj

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Rajesh Kumar Pandey Son of Jageshwar Pandey resident of Braham Tola, turkaulia, East Champaran, Bihar-845437, at present posted as Peon, R.W.D., Work Division, Betiya

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Principal Secretary, rural works department, Government of Bihar, Patna

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The Principal Secretary, General Administration Department, Government

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Patna High Court CWJC No.8043 of 2021 dt.14-02-2022 2/3

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of Bihar, Patna

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The Principal Secretary, Finance Department, Government of Bihar, Patna

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The Chief Engineer, Rural Works Department, Government of Bihar, Patna

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The Superintending Engineer, Rural Works Department, Works Division, Bettiah

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The Executive Engineer, Rural Works Department, Works Division, Motihari

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The Executive Engineer, Rural Works Department, Works Division, Bettiah

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The Executive Engineer, Rural Works Department, Works Division, Dhaka

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The Executive Engineer, Rural Works Department, Works Division, Pakrideyal

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The Director, Provident Fund Directorate, Pant Bhawan, Bihar, Patna

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The District Provident Fund Officer, East Champaran

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rohit Mishra For the Respondent/s : Mr. Kameshwar Pd. Gupta, GP 10 : Mr. Satya Vrat

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======================================================

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022

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The matter is heard via video conferencing due to

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circumstances prevailing on account of the COVID-19 pandemic.

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State counsel accepts notice for respondents.

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In the instant petition, petitioners have prayed for the

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following relief/reliefs:

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“(i) For directing the concerned respondents to take into consideration the initial engagement of the petitioners in the departmental for all practical purposes especially for the purposes of grant of “Old Pension Scheme”.

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(ii) For directing the concerned respondents to grant Old Pension Scheme to the petitioners as they were working in the Organization prior to 01.09.2005.

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Patna High Court CWJC No.8043 of 2021 dt.14-02-2022 3/3

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(iii) For directing the concerned respondents to deduct the monthly contribution of the petitioners and to deposit the same in General Provident Fund.

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(iv) For directing the concerned respondents to make necessary correction in the service book of the petitioners for giving effect to the “Old Pension Scheme” with respect to the present petitioners.

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(v) For grant of any other incidental, consequential or other appropriate writ or writs to which the petitioners may be found entitled.”

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The aforesaid relief is supported by representation at

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Annexure 4 series, therefore, the concerned respondent is hereby directed to examine the petitioners’ representation at Annexure 4 series within a period of four months from the date of receipt of this order. If the petitioners are entitled to service and other benefits, if any, the same shall be extended. If they are not entitled, in that event, necessary speaking order shall be passed and communicated to the petitioner.

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With the above observations, writ petition stands disposed off.

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(P. B. Bajanthri, J)

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GAURAV S./-

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Dinesh Prasad v. The State of Bihar

Case brief

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Dinesh Prasad v. The State of Bihar

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