IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1081 of 2025 ======================================================

Jagdish Prasad Son of Balaram Resident of Village-Kolhua Sahebganj, Post-

Pipiganj, P.S.-Pipiganj-District-Gorakhpur, Uttar Pradesh-273165 ... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary State of Bihar, Old Secretariat, Patna-800001

2. The Principal Secretary, Government of Bihar, General Administration Department, Patna-800001.

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

Appearance :

For the Petitioner/s : Mr. Akshay Kumar, Advocate For the Respondent/s : Mr. M.N.H. Khan, S.C.-1 Ms. Babita Kumari, A.C. to S.C.-1 ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 24-02-2026 This writ petition has been filed by Mr. Jagdish Prasad, seeking the following relief(s):- "(i) For quashing the order Pension -01-01-2024 सा० पर् ० -12660 served upon petitioner through departmental memo no. 07 dated 09.08.2024, under the seal and signature of Sunil Kumar Tiwari, Under Secretary General Administration, General Administration, Patna as contained in Annexure- P/1 to this writ petition.

(ii) For, directing the respondents to restrain them from illegal and unauthorized withholding of pension of the petitioner in old pension scheme without any proper reason and fault of the petitioner.

(iii) For, directing the respondents that they must accept the petition of the petitioner for converting his pension from New Pension Scheme to old Pension Scheme and also to pay the entire amount of retiral benefits including gratuity within a short time limit.

(iv) For directing the respondents to stop harassing the petitioner by their arbitrary, illegal and prejudiced acts.

(v) And/or to pass any other order/orders which may deem fit in the light of facts mentioned hereinafter."

2. It is the case of the petitioner that he appeared in the competitive examination for the 24th Bihar Judicial Service pursuant to vacancies advertised/notified in the year 1990 by the Bihar Public Service Commission vide notification dated 11.10.1990. The petitioner was declared successful and subsequently participated in the interview conducted on 06.05.1994. His name was included in the merit list of successful candidates prepared after the interview.

3. It is the further case of the petitioner that he received a letter dated 16.08.2005 under the seal and signature of the then Under Secretary in the Department of Personnel and Administrative Reforms, Government of Bihar, Patna, directing him to appear on 06.09.2005 along with all educational and academic certificates in connection with his appointment to the post of Munsif on the basis of the aforesaid 24th Bihar Judicial Service Examination and he appeared on 06.09.2005, where his certificates were duly checked, verified, and found to be correct and genuine. Thereafter, he received another letter dated 16.08.2005 appointing him as Munsif, subject to medical fitness. The petitioner underwent the required medical examination, and the medical report was forwarded to the Department of Personnel and Administrative Reforms, Patna.

4. It is the further case of the petitioner that his appointment was formally notified by the Department of Personnel and Administrative Reforms, Government of Bihar, vide notification dated 07.03.2006. In continuation thereof, the High Court issued notification dated 20.05.2006, posting him as Temporary Munsif at Siwan. The petitioner successfully completed his one-year probation period and thereafter, he continued to serve in various districts/judgeships in the State of Bihar. Ultimately, he was superannuated from the post of Munsif, Manjhual in the judgeship of Begusarai.

5. It is the further case of the petitioner that the judicial officers belonging to the 24th Batch were appointed in di