IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2311 of 2018 ======================================================

Jai Prakash Singh Son of Late Gorelal Singh, Resident of Village- Ghosaith, Post Office- Piri Bazar, Police Station- Piri Bazar, District- Lakhisarai.

... ... Petitioner Versus

1. The State Of Bihar

2. The Deputy Secretary, Department of Home Special, Government of Bihar, Patna.

3. The District Magistrate, Munger.

4. The Secretary, Advisory Council, J.P. Senani Samman Yojna, having office at 2/12, Officers Flat, Sh ... ... Respondents ======================================================

Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Md. N.H. Khan, SC-1 For the State : Md. Harun Quareshi, AC to SC-01 ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

ORAL JUDGMENT

Date : 14-05-2025 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. The petitioner has approached this Court for issuance of writ of mandamus commanding and directing the Respondents to finalise and pay the claim of the petitioner for payment of Samman Pension under “J.P. Samman Yojna” with effect from 01.06.2009 in pursuance to Government Resolution No. 524 dated 15.07.2009 for which the petitioner had submitted application on 04.09.2015 enclosing all the relevant documents; and has further prayed for quashing the Letter No. 211 dated 11.04.2018 (Annexure-9 to I.A. No. 6808 of 2018)

issued under the signature of Special Work Officer-cum- Incharge, J.P. Cell by which the claim of the petitioner for grant of J.P. Samman Pension has been refused on the ground that verification of claim could not be done because the original documents were not available in Office.

3. It is the contention of the petitioner that the petitioner was detained under Maintenance of Internal Security Act, 1971 (hereinafter referred to as MISA) by the order of District Magistrate, Munger during Emergency on 28.09.1974 (Annexure-3, Annexure-4 and Annexure-5 to the writ application) and the Respondent-State approved the detention order which was also referred to Advisory Board from where the detention of the petitioner on and from 28.09.1974 was affirmed.

4. It is further contended that the Respondent-State came out with a Government Resolution bearing No. 524 dated 15.07.2015 under which a decision was taken to grant J.P. Samman Pension to those detained under MISA during the period from 18.03.1974 to 21.03.1977 for at least a period of six months. This pension was payable with effect from 01.06.2009. Further, there was an amendment in the Government Resolution dated 15.07.2015 by Letter dated 01.08.2015 by which certain facilities were added to be given to persons eligible to receive J.P. Samman Pension. Application was invited by Press Communication dated 09.10.2015 from eligible persons and accordingly the petitioner submitted his application. The Respondent-Deputy Secretary sent the application of the petitioner to Respondent-District Magistrate, Munger seeking report on certain points. The learned counsel for the petitioner submits that the petitioner had submitted a representation dated 23.09.2016/29.04.2017 to the Respondent-Secretary, Department of Home (Special) intimating that in light of Clause-ग of Resolution dated 15.07.2015, if the date of entry in jail was recorded but the date of leaving the jail was not available then 21.03.1977 would be deemed to be the date of leaving the jail. The learned counsel for the petitioner, therefore, submitted that from perusal of Annexure-3 read with Annexure- 4 and further read with Annexure-5 of the writ application, it was clear that the petitioner had entered the jail on 28.09.1974 and in view of Clause- ग of Government Resolution dated 15.07.2015, the date of leaving the jail would be deemed to be 21.03.1977, thereby establishing more than six months period of detention, which was the eligib