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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19308 of 2025

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Sanjay Kumar Sinha

... ... Petitioner/s

Versus

The State of Bihar & Ors.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Mukul Kumar

Mr.Ashish Kumar

Mr.Santosh Kumar

Mr.Ambrish Kumar

For the Respondent/s : Mr.Deepak Kumar, Ac to AAG 7

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR

ORAL ORDER

2 31-01-2026 Counsel for the petitioner submits that the father of

the petitioner, got retired as an Accountant Clerk, from the

office of Planning and Investigation Division, Road

Construction Department, Bihar, Patna on 30.09.2023, and

during his lifetime, the petitioner received loco-motor disability

to the extent of 60% and due certificate is said to have been

obtained from the appropriate authority being Government of

India and unique disability ID has also been issued showing the

extent of disability, which is appended with the writ petition as

Annexure-P/3.

2. It is next submitted that so long, as the petitioner’s

father was in service and even after retirement, this petitioner,

being the only son of the deceased pensioner, was being

maintained by him, but after his death, there is nobody in the

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family to maintain him, and owing to such loco motor disability,

the petitioner is not in a position to maintain his life and as also

to find a source of livelihood. In view of the State Government

resolution as contained in Memo No. 416 dated 06.06.2025, and

as also by the proviso to the statutory provisions incorporated

under 54(6) of the CCS (Pension) Rules, 1972, the case of the

petitioner deserves to be considered sympathetically.

3. It is the case of the petitioner that in view of the

provisions so incorporated under CCS, Rules, 1972 it is

specifically provided that the if the son or daughter of the

Government servant is suffering from any disorder or disability

of mind, or is physically crippled or disabled so as to render him

or her unable to earn a living even after attaining the age of 18

years in the case of a son and 21 years in the case of a daughter,

the family pension is allowed and even the name of such

dependents have been directed to be added in the PPO, but

despite representations having been made for carrying out the

formalities in terms of the resolution issued in this regard by the

State Government through the Department of Finance, the same

has not been carried out and the petitioner is rendered without

any source of livelihood.

4. At this stage, counsel for the State submits that he

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would be taking instruction in this case and file appropriate

affidavit. This matter is adjourned with a direction upon the

Secretary, Rural Works Department, Govt. of Bihar, Patna to

take notice of the resolution, which is said to have been issued

in order to take care of such disabled person for attaching the

name with the PPO, which is said to have been issued in respect

of Government employees after their superannuation in order to

protect the right of these disabled persons and accordingly, the

necessary actions, are urgently required to be taken at their end.

5. It is expected that after verifying the bona fide of

this petitioner, the necessary orders strictly in consonance with

the resolution issued by the State Government shall be issued

with due communication to the office of the Accountant General

to add the name of this petitioner, within a period of eight weeks

from today, and an appropriate affidavit shall be filed bringing

on record the necessary orders so passed in this regard.

6. Post this case on 26.03.2026.

(Ajit Kumar, J)

abhishekkr/-

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