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2026 Supreme(Online)(Pat) 3887

PATNA HIGH COURT
Sudhir Singh, Praveen Kumar, JJ
Siya Ram Jha – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellant/s: Mr. Sudhir Kumar
For Respondents 3&4:Mr. Mrigank Mauli, Sr. Advocate, Mr. Manish Dhari Singh
For the State: Mr. Sarvesh Kr. Singh, AAG-13

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4 08-01-2026 Heard learned counsel for the parties.

2. The present intra court appeal has been preferred against the order dated 22.08.2023 passed in C.W.J.C. No. 24260 of 2019, whereby the learned Single Judge has disposed the writ petition and observed as under:

“4. So far as the issue relating to grant of pension of the petitioner is concerned, the same requires challenge to the notification dated 07.08.2020, which has been made retrospective w.e.f. 01.09.2005.”

3. CWJC No. 24260 of 2019 was filed for granting of post retrial benefits to be paid in accordance with law. The petitioner was granted pensionary and retiral benefits under the New Pension Scheme. The petitioner however claims that he should be given benefit under the Old Pension Scheme. The Writ Petition had been filed for the following reliefs:

“(i) For directing the respondents to pay the retiral benefits i.e. Pension, Gratuity Leave Encashment, Part of G.P.F.

with up-to-date statutory interest.

(ii) For directing the respondents to pay the difference of salary from June, 2006 to May, 20

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