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2021 Supreme(Pat) 996

IN THE HIGH COURT OF PATNA
Anil Kumar Upadhyay, J.
Santosh Kumar and Others – Appellants
Versus
The State of Bihar and Others - Respondents
Civil Writ Jurisdiction Case No. 24518 of 2018
Decided On : 23-02-2021

Advocates:
Advocate Appeared:
For the Appellant :Mr. Nilendu Kumar Choudhary, Mr. Manish Kumar, Advocate
For the Respondent: Mr. Anil Kumar, AC to SC

Headnote:

Retirement Benefit – Pension – petitioners were constables appointed pursuant to advertisement No. 01/2004 – other constables appointed under the same transaction have been granted the benefit of old Pension Scheme – petitioners are also entitled for the same benefit – writ application allowed. (Paras 4 to 6)

CWJC No. 16468/2016, CWJC No. 663/2010 dt. 29.8.2011—Referred.

JUDGMENT :

1. Learned counsel appearing on behalf of the petitioners seeks permission to make necessary corrections in the name of petitioner no.40 in the cause title of the writ application.

2. Let the aforesaid correction be made during course of the day.

3. Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Petitioners have approached this Court for a direction to the respondents to grant the benefit of old Pension Scheme as they were recruited as constables pursuant to Advertisement 01/2004 and in the same transaction, constables were appointed in different districts as cut-off date was fixed as 31.08.2005 and they have been granted the benefit of old Pension Scheme but the case of the petitioners was delayed and they have been subjected to new Pension Scheme. The petitioners have challenged the action of the respondents as arbitrary, unreasonable and discriminatory.

4. Learned counsel for the petitioners submits that the issue raised in the present writ application is no more res integra and identical issue was decided by this Court in CWJC 16468 of 2016 and analogous cases. Similar issue in the case of Ganpati Singh Vs State of Bihar, CWJC No.663 of 2010 was set at rest vide order dated 29.08.2011 which was affirmed in LPANo.204 of 2014 and SLP preferred against the order of the LPA was dismissed in SLP (Civil) No. 35714 of 2016 (The State of Bihar & others Vs. Ganpati Singh).

5. In order to maintain consistency, the present writ application is allowed in terms of the order dated 29.08.2011 passed CWJC No.663 of 2010 in the case of Ganpati Singh Vs State of Bihar which was set at rest by a Bench of this Court against which the order of the Writ Court was also affirmed in LPANo.204 of 2014 and SLP preferred against the order of the LPA was dismissed in SLP (Civil) No. 35714 of 2016 (The State of Bihar & others Vs. Ganpati Singh).

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