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Sanoj Paswan Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2023)

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Patna HC
2023
Sanoj Paswan Vs The State of BiharSanoj Paswan v. The State of Bihar

Dismissed

Sanoj Paswan v. The State of Bihar

Patna HC19 Apr 2023CWJC/2216/2023

Case brief

AI extract

What is this about?

Writ application dismissed regarding rejection of appointment claim due to father working until actual retirement.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2216 of 2023

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

Sanoj Paswan Son of Ram Naresh Paswan, resident of Village - Kespa, P.S. - Alipur, District - Gaya.

... ... Petitioner

Versus

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar at Patna.

The District Magistrate-Cum-Chairman, Committee for Dafadar/Chaukidar Voluntary Retirement, Gaya.

The Senior Superintendent of Police, Gaya.

The Deputy Development Commissioner, Gaya.

The In-Charge-Officer, General Administration, Gaya.

The Deputy Collector, Establishment, Gaya.

The Deputy Collector, Gaya.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the rejection of the petitioner's claim for appointment in place of his father was based on engagement after actual retirement.

Cases cited

Colour shows how this judgement treated each authority

AI extract

Devmuni Paswan versus the State of Bihar and Ors.Referred¶23
Devmuni Paswan versus the State of Bihar and Ors. (LPA No. 508 of 2022)

Parties & counsel

AI extract

petitioner
Sanoj Paswan
respondent
State of Bihar

Coram

AI extract

Rajeev Ranjan Prasad

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 19 Apr 2023 · April
Registered: 10 Feb 2023
Case no.: CWJC/2216/2023

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Cite this judgement

Sanoj Paswan v. The State of Bihar, CWJC/2216/2023 (PAT), decided on 19 April 2023.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Devmuni Paswan versus the State of Bihar and Ors.Referred¶23

Open Authorities

Bench / Coram

Rajeev Ranjan Prasad

Parties & counsel

Outcome

Dismissed

Issue for consideration

Whether the rejection of the petitioner's claim for appointment in place of his father was based on engagement after actual retirement.

Detailed headnote1 paragraphs

Petitioner's claim for appointment in place of his father rejected as father worked till actual retirement. Under Reference to Devmuni Paswan case, no illegality found in order. Writ application dismissed.

A compact analysis

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.

The Director, DRDA, Gaya.

The Sub-Divisional Officer, Sadar Gaya.

The Sub-Divisional Officer, Tikari, District - Gaya.

The Sub-Divisional Officer, Sherghanti, District - Gaya.

The Sub-Divisional Officer, Neemchak Bathani, District - Gaya.

... ... Respondents

====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar, Advocate For the Respondent/s : Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

2 19-04-2023 Heard learned counsel for the petitioner and learned

counsel for the State.

The claim of the petitioner is based on sub-Rule (7) of Rule 5, Proviso ‘d’ of the Bihar Chaukidar Cadre (Amendment) Rules, 2014. The said provision has been held ultra vires by the Hon’ble Division Bench of this Court in the case of Devmuni Paswan versus the State of Bihar and Ors. (LPA No. 508 of

2022) .

Patna High Court CWJC No.2216 of 2023(2) dt.19-04-2023 2/2

So far as the facts of the present case is concerned, it is evident from the records that the claim of the petitioner for appointment in place of his father has been declined on the ground that his father had worked till his actual date of retirement and had also received salary till his retirement.

In the aforesaid view of the matter, this Court finds no illegality and infirmity with the order.

This writ application has no merit. It is dismissed accordingly.

(Rajeev Ranjan Prasad, J)

SUSHMA2/-

U

CNR

BRHC010052942023

Topic

Pension and Retirement Benefits

Bench

Rajeev Ranjan Prasad

Disposal

DISMISSED

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19 Apr 2023

Raja Ram Chandra Singh Vs The State of Bihar

19 Apr 2023