PATNA HIGH COURT ISSUES JUDGMENT ON ARJUN KUMAR AND ORS. V/S THE STATE OF BIHAR AND ORS.

PATNA, India, Feb. 21 -- Patna High Court issued the following judgment on Jan. 20:

1. Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed by the petitioners for issuance of mandamus directing the respondents to extend the benefits of old pension scheme to the petitioners in place of new pension scheme since other candidates who have been recommended along with the petitioners by District Compassionate Appointment Committee are getting the benefits of old pension scheme.

3. Learned Counsel for the petitioners submits that petitioner No.1 was appointed on Class-III post on compassionate ground through letter No.4789 dated 16.05.2006 and presently posted as Clerk at Public Health Institute Ashok Raj Path, Patna, petitioner No.2 was appointed as Ward Attendant on compassionate ground at Nalanda Medical College Hospital through letter No.1315 dated 10.07.2006 and presently posted as Clerk at Nalanda Medical College and Hospital, Patna and petitioner No.3 was appointed on Class-IV post in the office of Civil Surgeon-cum-Chief Medical Officer, Patna, through letter No.4794 dated 16.05.2006 and presently posted as GradeIV employee in the office of Additional Chief Medical Officer, Patna. Counsel for the petitioners submits that meeting of District Compassionate Appointment Committee, Patna, was held on 11.06.2001 under the Chairmanship of District Compassionate Appointment Committee and names of petitioner Nos.1 and 2 were considered and recommended for appointment on compassionate ground. In the said meeting along with other total 155 candidates were recommended, in which petitioner Nos.1 and 2 were at serial Nos.37 and 111 in the recommendation list. Counsel also submits that petitioner No.3 was also considered by District Compassionate Appointment Committee in a meeting held on 03.09.2002 and in the said meeting the names of total 171 candidates were recommended for appointment on compassionate ground in which petitioner No.3 was figured at serial No.153 in the recommendation list dated 01.10.2002.

4. Learned Counsel for the petitioners further submits that in the counter affidavit it has come that due to administrative reasons appointment of the petitioners could not be made within time; whereas those persons who were recommended by the same committee had joined and getting the benefit of Old Pension Scheme. Learned Counsel for the petitioners further submits that by virtue of supplementary affidavit he has annexed a resolution contained in Memo No.1206(P) dated 28.11.2023, in which Finance Department, Government of Bihar, has issued specific opportunity to those persons who were appointed through same advertisement prior to 01.09.2005, but some of the persons have been granted Old Pension Scheme and some of the persons granted New Pension Scheme then in that case option has been demanded from those persons who have been appointed later. Learned Counsel for the petitioners submits that in the light of the said resolution issued by the Finance Department dated 28.11.2023, all the three petitioners are entitled for grant of old pension scheme.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTUjMjY1IzIwMjIjMSNO-s3GfzV4Cknw=)

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