Disposed

Mukesh Kumar v. The State of Bihar through the Chief Secretary, Government of Bihar

Patna HC16 Jun 2025CWJC/7316/2023

Case brief

AI extract

What is this about?

Petitioners appointed in 2007 pursuant to a 2002 advertisement sought direction on their representation for old pension scheme benefits. The court disposed of the writ petition directing the District Magistrate, Lakhisarai to decide the representation within 60 days in accordance with law.

What did the court decide?

Respondent no. 3 directed to decide the pending representation within 60 days in accordance with law and pass a reasoned order considering Ashok Kumar Sharma v. State of Bihar.

Mukesh Kumar Vs The State of Bihar through the… — Pension and Retirement Benefits | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7316 of 2023

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

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Mukesh Kumar S/o Parshuram Prasad Resident of Vill. Garsanda, POKachhiyana, PS- Ramgarh Chowk, District- Lakhisarai.

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Balmukund Prasad S/o Parmeshwar Prasad, Resident of Vill. Nista, PO and PS- Suryagarha, District- Lakhisarai.

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Umesh Pandit S/o Manjhi Pandit Resident of Vill.and PO- Shivdih, PSKiul, District- Lakhisarai.

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Ram Krishna Ranjan S/o Baleshwar Paswan Resident of Vill.-Nista, PO and P.S-Suryagarha, District-Lakhisarai.

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Banarasi Tuddu S/o Bachu Tuddu, Resident of Vill. Sikandarpur, PO Jamalpur, District- Munger.

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Sunil Kumar S/o Baban Sharma Resident of Vill.and PO- Dhanchua, District- Bhojpur at Ara.

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Vipin Kumar S/o Jagdish Prasad Resident of Mohalla- Ghoshi Tola Chowk PO and District- Munger.

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Kripal Paswan S/o Sakun Paswan Resident of Vill. Bartara, PO- Rajnagar, District- Madhubani.

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Md. Anzaar Alam S/o lliyas Uddin Resident of Vill. Sabbalpur, PO- Maadar, District- Khagaria.

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Ramesh Kumar S/o Late Sita Ram Resident of Vill. Dharam Rai Chak, PO and District-Lakhisarai

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Sanjay Kumar S/o Sudhir Mandal Resident of Vill. Bhidta, PO- Amarpur, PS- Mednichak, District- Lakhisarai

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Anil Kumar S/o Late Vishundev Das, Resident of Vill. Mansurchak, PO and PS and District-Lakhisarai.

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Sanjay Rajak, S/o Chedi Rajak Resident of Vill.-Nayatola Makna Ward No. 14, PO and District- Lakhisarai

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Soni Kumari, D/o Akilluddin Resident of Punjabi Mohalla, Railway New Colony, Near railway Cabin, Nayabazar, District- Lakhisarai

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Neeraj Kumar S/o Harikant Sharma, Resident of Vill. Karmanand Nagar, Behind Registry Office (Purani Bazar) District- Lakhisarai

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Chandrabhushan Paswan S/o Ram Prasad Paswan Resident of Vill.Ratnupur PO- Alinagar, District- Lakhisarai

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Kauslendra Kumar S/o Tulsi Pandit, Resident of Vill. Javas PO- Dhirathath, District- Lakhisarai

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Pratibha Kumari W/o Shivdani Resident of Vill.and PO- Garivishunpur, PS and District- Lakhisarai

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Pappu Paswan S/o Jagdish Paswan, Resident of Vill.- Maniyarchak, PONawagadhi, District- Munger

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Surendra Kumar S/o Basudev Prasad Resident of Kumar Vastralay Sumar Sao Market(Nayabazar), near Gopal Bhandar, P.O.and District- Lakhisarai

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Patna High Court CWJC No.7316 of 2023(5) dt.16-06-2025 2/4

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Ratan Kumar Malakar S/o Mahendra Prasad Sainik, Resident of VillBadikeshavpur Idgah Road, Railway Number 1 near School, PO-Jamalpur, District- Munger.

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Rupesh Kumar Gond @ Rupesh Kr. Gond S/o Vijay Kumar Gond Resident of Vill. Chuabagh, PO and District- Munger.

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Ravish Kumar Singh S/o Bhuvaneshwar Prasad Singh Resident of Vill. Sadikpur, Badi Durga Sthan, PO and District- Munger.

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Amrendra Kumar S/o Late Bhikhari Paswan, Resident of Vill. Kawaiya Road, PO and District- Lakhisarai

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Dilip Kumar S/o Sahdev Saw Resident of Nayabazar Dalpatti, near Sri Durga Balak High School, District- Lakhisarai

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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.

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The Principal Secretary, General Administration Department Government of Bihar, Patna.

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The District Magistrate cum Collector, Lakhisarai.

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The Deputy Collector, General Section, Lakhisarai.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shahbaj Alam, Adv For the Respondent/s : Mr. Manish Kumar (GP-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER

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5 16-06-2025

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Heard learned counsel for the petitioners as well as learned counsel for the respondents-State.

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The present petition has been preferred by the petitioners directing the respondent authorities to take steps toward extending the retiral benefit as was admissible under the old pension scheme that exist prior to coming into force of the new pension scheme with effect from 01.09.2005.

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It is submitted by the learned counsel for the petitioners that pursuant to the advertisement dated 27.06.2002

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Patna High Court CWJC No.7316 of 2023(5) dt.16-06-2025 3/4

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(Annexure-1), petitioners were applied for the post of class - IV and subsequently, appointment of the petitioners were issued in the year of 2007. Since the advertisement was issued in the year 2002, therefore, in the light of judgment passed by the Coordinate Bench of this Court in the case of Ashok Kumar Sharma and Ors Vs. State of Bihar & Ors passed in Civil Writ Jurisdiction Case No. 22232/2018 judgment dated 09.12.2020 , the petitioners are entitled to get benefit from the year 2002 i.e. the date of issuance of advertisement. He further submits that the petitioners have already made their representation before the respondents authorities which is still pending (Annexure -5 series). Therefore, it is prayed by the him that this petition may be disposed of directing the concerned respondent i.e. respondent no. 03 to consider and decide the same within any stipulated period fixed by this Court.

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The above limited prayer made by the counsel is not opposes by the the respondents-State.

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Considering the submissions made by both the counsels, the petition is disposed of. The respondent no. 03 is directed to consider and decide the pending representation of the (Annexure -5 series) as early as possible probably within 60 days from the receipt of a copy of this order in accordance with

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Patna High Court CWJC No.7316 of 2023(5) dt.16-06-2025 4/4

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relevant rules and law and further taking into consideration the observation made by the Co-ordinate Bench of this Court in the case of Ashok Kumar Sharma & Ors Vs. State of Bihar & Ors (Supra) and pass a reasoned order.

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(Arvind Singh Chandel , J)

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krishnakant/-

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Mukesh Kumar v. The State of Bihar through the Chief Secretary, Government of Bihar

Case brief

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Mukesh Kumar v. The State of Bihar through the Chief Secretary, Government of Bihar

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