Dharmendra Kumar vs The State Of Bihar Through The ...
2022 Latest Caselaw 1124 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8322 of 2021
     ======================================================

1. Dharmendra Kumar, son of Akhila Nandan Panday, Resident of Village Salalpur, P.S. Yakangar sarai, District Nalanda at present posted at Police Line Nalanda.

2. Md. Asif Hussain, son of Md Sulaman, Resident of Village Sherpur, P.S. Bihar sharif, District Nalanda, at present posted at police line Nalanda.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary Department of Home (Police), Govt. of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Bihar, Patna.

4. The Deputy Inspector General of Police, Patna.

5. The Superintendent of Police, Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Respondent/s : Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022

The matter has been heard via video conferencing

due to circumstances prevailing on account of the COVID-19

pandemic.

In the instant petition, petitioners have prayed for

the following relief/reliefs:

For issuance of the writ in the

nature of mandamus or any other

writ/writs, direction/directions

commanding upon the respondents Patna High Court CWJC No.8322 of 2021 dt.14-02-2022

authority to grant the benefit of old

pension scheme, where by where

under they were requited as constable

in Nalanda District pursuance to

Advertisement No. 01/2004 and in the

same transaction constables were

appointed in different districts as cut

of date was fixed as 31.08.2005 and

they have been granted the benefit of

old pension scheme but the case of the

petitioners was delayed and they have

been subjected to New Pension

Scheme which is arbitrary,

unreasonable and discriminatory.

The aforesaid relief is not supported by legal or

vested right followed by demand before the competent authority,

question of issuance of writ of mandamus under Article 226 of

the Constitution is not warranted in the light of Apex Court

decision in the case of Mani Subrat Jain Vs. State of Haryana

reported in 1977 (1) SCC 486.

Accordingly, the present petition stands dismissed,

reserving liberty to the petitioners to prefer a detailed Patna High Court CWJC No.8322 of 2021 dt.14-02-2022

representation with necessary materials before the concerned

authority within a period of eight weeks from the date of receipt

of this order. If such representation is submitted, the competent

authority is hereby directed to examine petitioners' grievance

within a reasonable period of time.

(P. B. Bajanthri, J) Ankit/-

AFR/NAFR                         NAFR
CAV DATE                          NA
Uploading Date                18.02.2022
Transmission Date                 NA