IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.265 of 2022 ======================================================

1. Arjun Kumar Son of Late Hira Lal Resident of Gavtal Danapur, P.S.

Danapur, District- Patna.

2. Ranjit Kumar Son of Late Mahesh Prasad Resident of Village- Ekangarsarai, P.S. Ekangarsarai, District- Nalanda.

3. Amarendra Kumar Son of Late Krishna Prasad Resident of Saraswati Niwas Yarpur, P.S. Gardanibagh, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Health Department, Government of Bihar, Patna.

2. The Director-in-Chief, Department of Health, Government of Bihar, Patna.

3. The District Magistrate-cum-Chairman, District Compassionate Appointment Committee, Patna.

4. The District Provident Fund Officer, Patna.

5. The Director Public Health Institute, Ashok Raj Path, Patna.

6. The Superintendent, Nalanda Medical College and Hospital, Patna.

7. The Civil Surgeon-cum-Chief Medical Officer, Patna.

8. The Additional Chief Medical Officer, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Rajeshwar Singh ( GA-10 )

Mr. Jitendra Kumar, AC to GA-10 ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 20-01-2026 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 Grade- IV 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 th