Patna High Court
The Union Of India, Through The ... vs Kumar Rajnish on 17 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15486 of 2022
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1. The Union of India, through the Chairman, Railway Board Ministry of
Railway, Rail Bhawan, New Delhi, Pin- 110001.
2. Director, Establishment Railway Board, Ministry of Railway, Rail Bhawan,
New Delhi, Pin- 110001.
3. General Manager East Central Railway, Hazipur, Bihar, Pin- 844101.
4. Financial Advisor- cum- Chief Accounts Officer East Central Railway,
Hazipur, Bihar, Pin- 844101.
5. General Manager North East Frontier Railway, Maligaon, Assam, Pin-
781012.
6. General Manager (Personnel) North East Frontier Railway, Maligaon,
Assam, Pin- 781012.
7. Financial Advisor-cum- Chief Accounts Officer North East Frontier
Railway, Maligaon, Assam, Pin- 781012.
8. Deputy Chief Personnel Officer (Gazetted) North East Frontier Railway,
Maligaon, Assam, Pin- 781012.
9. Chairman, Railway Recruitment Board Station Road, Guwahati- 781001.
10. Divisional Railway Manager (Personnel) North East Frontier Railway,
Lumding Division, Lumding, Pin- 782447.
11. Assistant Personnel Officer North East Frontier Railway, Lumding Division,
Lumding, Pin- 782447.
... ... Petitioner/s
Versus
1. Kumar Rajnish Son of Shri Radha Mohan Prasad Asthana Resident of
Mohalla- Chandmari Ekawna, Chitragupta Sadan, Near Saphi Mandir Road,
P.O.- Motihari, P.S.- Motihari, District- East Champaran 845401, presently
posted as Station Master, at Gokhula Station under Samastipur Division of
East Central Railway.
2. Ranjeet Kumar Son of Shri B.P. Singh Resident of Mohalla Ashok Nagar,
Bhatbigha, P.O.- Gaya, P.S., R.S.- Gaya, District- Gaya 823001, presently
posted as Station Master at Shivpur Station, under Dhanbad Division of East
Central Railway.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anshuman Singh (C.G.C.)
For the Respondent/s : Mr. Bhanu Pratap Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL JUDGMENT
Patna High Court CWJC No.15486 of 2022 dt.17-05-2023
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 17-05-2023
Learned counsel for the petitioners filed
supplementary affidavit, the same is taken on record.
2. Perusal of the supplementary affidavit and material
information, it is evident that petitioners have taken policy
decision to give option to such of those employees who were
appointed subsequent to the introduction of New Pension
Scheme could opt for Old Pension Scheme.
On 03.05.2023, following order was passed:-
"Learned counsel for the
petitioner, on instruction, submitted that
Railway Authorities/ Department have
taken a decision that such of those
employees who were appointed
subsequent to the New Pension Scheme
(NPS) were given option on 10.03.2023
either to opt Old Pension Scheme (OPS)
or New Pension Scheme (NPS).
In the light of aforesaid facts,
the present petition does not survive.
However, learned counsel for the
petitioner intends to bring certain
documents on record by next date of
hearing.
Relist this matter on 17.05.2023
and it is made clear that no further time
would be granted."
3. In the light of these facts and circumstances, the
present petition stands disposed of. The respondents is permitted
to invoke remedy in the light of new policy decision of the
Patna High Court CWJC No.15486 of 2022 dt.17-05-2023
petitioners with reference to Annexure-8 dated 10.03.2023 vide
supplementary affidavit filed on behalf of petitioners dated
16.05.2023.
(P. B. Bajanthri, J)
( A. Abhishek Reddy , J)
rakhi/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 19.05.2023
Transmission Date N.A.
