Patna High Court
Jai Prakash Singh vs The State Of Bihar And Ors on 14 May, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2311 of 2018
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Jai Prakash Singh Son of Late Gorelal Singh, Resident of Village- Ghosaith,
Post Office- Piri Bazar, Police Station- Piri Bazar, District- Lakhisarai.
... ... Petitioner
Versus
1. The State Of Bihar
2. The Deputy Secretary, Department of Home Special, Government of Bihar,
Patna.
3. The District Magistrate, Munger.
4. The Secretary, Advisory Council, J.P. Senani Samman Yojna, having office
at 2/12, Officers Flat, Sh
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Respondent/s : Md. N.H. Khan, SC-1
For the State : Md. Harun Quareshi, AC to SC-01
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
Date : 14-05-2025
Heard learned counsel for the petitioner and
learned counsel for the Respondent-State.
2. The petitioner has approached this Court for
issuance of writ of mandamus commanding and directing the
Respondents to finalise and pay the claim of the petitioner for
payment of Samman Pension under "J.P. Samman Yojna" with
effect from 01.06.2009 in pursuance to Government Resolution
No. 524 dated 15.07.2009 for which the petitioner had
submitted application on 04.09.2015 enclosing all the relevant
documents; and has further prayed for quashing the Letter No.
211 dated 11.04.2018 (Annexure-9 to I.A. No. 6808 of 2018)
Patna High Court CWJC No.2311 of 2018 dt.14-05-2025
2/6
issued under the signature of Special Work Officer-cum-
Incharge, J.P. Cell by which the claim of the petitioner for grant
of J.P. Samman Pension has been refused on the ground that
verification of claim could not be done because the original
documents were not available in Office.
3. It is the contention of the petitioner that the
petitioner was detained under Maintenance of Internal Security
Act, 1971 (hereinafter referred to as MISA) by the order of
District Magistrate, Munger during Emergency on 28.09.1974
(Annexure-3, Annexure-4 and Annexure-5 to the writ
application) and the Respondent-State approved the detention
order which was also referred to Advisory Board from where the
detention of the petitioner on and from 28.09.1974 was
affirmed.
4. It is further contended that the Respondent-State
came out with a Government Resolution bearing No. 524 dated
15.07.2015
under which a decision was taken to grant J.P.
Samman Pension to those detained under MISA during the
period from 18.03.1974 to 21.03.1977 for at least a period of six
months. This pension was payable with effect from 01.06.2009.
Further, there was an amendment in the Government Resolution
dated 15.07.2015 by Letter dated 01.08.2015 by which certain
Patna High Court CWJC No.2311 of 2018 dt.14-05-2025
facilities were added to be given to persons eligible to receive
J.P. Samman Pension. Application was invited by Press
Communication dated 09.10.2015 from eligible persons and
accordingly the petitioner submitted his application. The
Respondent-Deputy Secretary sent the application of the
petitioner to Respondent-District Magistrate, Munger seeking
report on certain points. The learned counsel for the petitioner
submits that the petitioner had submitted a representation dated
23.09.2016/29.04.2017 to the Respondent-Secretary,
Department of Home (Special) intimating that in light of
Clause-ग of Resolution dated 15.07.2015, if the date of entry in
jail was recorded but the date of leaving the jail was not
available then 21.03.1977 would be deemed to be the date of
leaving the jail. The learned counsel for the petitioner, therefore,
submitted that from perusal of Annexure-3 read with Annexure-
4 and further read with Annexure-5 of the writ application, it
was clear that the petitioner had entered the jail on 28.09.1974
and in view of Clause- ग of Government Resolution dated
15.07.2015, the date of leaving the jail would be deemed to be
21.03.1977, thereby establishing more than six months period of
detention, which was the eligibility criteria required for being
entitled to receive J.P. Samman Pension.
Patna High Court CWJC No.2311 of 2018 dt.14-05-2025
5. In light of the aforesaid facts and circumstances,
the learned counsel for the petitioner submits that the decision
contained in Letter No. 211 dated 11.04.2018 issued under the
signature of Special Work Officer-cum-Incharge, J.P. Cell by
which the claim of the petitioner has been rejected manifestly
appears to be erroneous and fit to be set aside for the reason that
if the original records are not available in the Department to
verify the claim of the petitioner then the petitioner cannot be
held responsible for the same and denied his right.
6. Per contra, the learned counsel appearing for the
State submits that the order of rejection of the claim for pension
being made by the petitioner is proper and justified and hence,
the present writ application does not have any merit and it
should be rejected/dismissed.
7. Annexure-3 is the Memo No. 4009 dated
30.09.1974 issued under the order of District Magistrate by
which the petitioner was detained under MISA. By Order No.
8107 dated 29.10.1974 (Annexure-4 to the writ application), the
Respondent-State intimated the petitioner that in view of
Section 11 of MISA his claim was being referred to Advisory
Board and the Respondent-State in view of Section 3 (iii) of
MISA, order of detention passed by the Respondent-District
Patna High Court CWJC No.2311 of 2018 dt.14-05-2025
Magistrate, Munger was approved vide order dated 09.10.1974
(Annexure-5 to the writ application) which was made available
to the petitioner on 12.10.1974. All these documents are
Government Records which clearly establish the fact that the
petitioner was put under detention under the MISA on
28.09.1974 and as per Clause-ग of J.P. Samman Yojna
(Annexure-1 to the writ application) his deemed date of release
from jail would be 21.03.1977. Clearly, the petitioner was under
detention for more than six months under MISA during the
period from 28.09.1974 to 21.03.1977. While passing the
impugned order contained in Letter No. 211 dated 11.04.2018
by which claim of the petitioner has been rejected, it has
nowhere been held or observed that the documents (Annexure-
3, Annexure-4 and Annexure-5 to the writ application) supplied
by the petitioner in support of his claim were either false or
fabricated. The ground for rejection of the petitioner's claim is
simply that for want of original records, the claim of the
petitioner could not be verified. If the original records were not
available for verification purposes, the petitioner could not be
held responsible or liable for the same and particularly given the
fact that the petitioner was relying on government documents
for establishing his claim which was not found to be false or
Patna High Court CWJC No.2311 of 2018 dt.14-05-2025
fabricated, the claim of the petitioner ought not to have been
rejected.
8. Under the aforesaid facts and circumstances, the
rejection of the petitioner's claim contained in Letter No. 211
dated 11.04.2018 (Annexure-9 to I.A. No. 6808 of 2018) is
hereby quashed and the Respondent Authorities are directed to
grant the benefit of J.P. Samman Pension to the petitioner under
the J.P. Samman Pension Yojna with effect from 01.06.2009.
The payment of arrears must be done within three months from
the date of production of a copy of this order and regular
pension with other facilities should be given to the petitioner as
per the J.P. Samman Pension Yojna.
9. The writ application is accordingly allowed to
the extent indicated above. The Interlocutory Application, if any
pending, is deemed to have been disposed of.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
AFR/NAFR AFR
CAV DATE NA
Uploading Date 18.05.2025
Transmission Date NA
