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Patna High Court
Arjun Kumar vs The State Of Bihar on 20 January, 2026
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.265 of 2022
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1. Arjun Kumar Son of Late Hira Lal Resident of Gavtal Danapur, P.S.
Danapur, District- Patna.
2. Ranjit Kumar Son of Late Mahesh Prasad Resident of Village- Ekangarsarai,
P.S. Ekangarsarai, District- Nalanda.
3. Amarendra Kumar Son of Late Krishna Prasad Resident of Saraswati Niwas
Yarpur, P.S. Gardanibagh, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Health Department,
Government of Bihar, Patna.
2. The Director-in-Chief, Department of Health, Government of Bihar, Patna.
3. The District Magistrate-cum-Chairman, District Compassionate
Appointment Committee, Patna.
4. The District Provident Fund Officer, Patna.
5. The Director Public Health Institute, Ashok Raj Path, Patna.
6. The Superintendent, Nalanda Medical College and Hospital, Patna.
7. The Civil Surgeon-cum-Chief Medical Officer, Patna.
8. The Additional Chief Medical Officer, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Rajeshwar Singh ( GA-10 )
Mr. Jitendra Kumar, AC to GA-10
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 20-01-2026
Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present writ petition has been filed by the
petitioners for issuance of mandamus directing the respondents
to extend the benefits of old pension scheme to the petitioners in
Patna High Court CWJC No.265 of 2022 dt.20-01-2026
place of new pension scheme since other candidates who have
been recommended along with the petitioners by District
Compassionate Appointment Committee are getting the benefits
of old pension scheme.
3. Learned Counsel for the petitioners submits that
petitioner No.1 was appointed on Class-III post on
compassionate ground through letter No.4789 dated 16.05.2006
and presently posted as Clerk at Public Health Institute Ashok
Raj Path, Patna, petitioner No.2 was appointed as Ward
Attendant on compassionate ground at Nalanda Medical College
Hospital through letter No.1315 dated 10.07.2006 and presently
posted as Clerk at Nalanda Medical College and Hospital, Patna
and petitioner No.3 was appointed on Class-IV post in the office
of Civil Surgeon-cum-Chief Medical Officer, Patna, through
letter No.4794 dated 16.05.2006 and presently posted as Grade-
IV employee in the office of Additional Chief Medical Officer,
Patna. Counsel for the petitioners submits that meeting of
District Compassionate Appointment Committee, Patna, was
held on 11.06.2001 under the Chairmanship of District
Compassionate Appointment Committee and names of petitioner
Nos.1 and 2 were considered and recommended for appointment
on compassionate ground. In the said meeting along with other
Patna High Court CWJC No.265 of 2022 dt.20-01-2026
total 155 candidates were recommended, in which petitioner
Nos.1 and 2 were at serial Nos.37 and 111 in the
recommendation list. Counsel also submits that petitioner No.3
was also considered by District Compassionate Appointment
Committee in a meeting held on 03.09.2002 and in the said
meeting the names of total 171 candidates were recommended
for appointment on compassionate ground in which petitioner
No.3 was figured at serial No.153 in the recommendation list
dated 01.10.2002.
4. Learned Counsel for the petitioners further submits
that in the counter affidavit it has come that due to
administrative reasons appointment of the petitioners could not
be made within time; whereas those persons who were
recommended by the same committee had joined and getting the
benefit of Old Pension Scheme. Learned Counsel for the
petitioners further submits that by virtue of supplementary
affidavit he has annexed a resolution contained in Memo
No.1206(P) dated 28.11.2023, in which Finance Department,
Government of Bihar, has issued specific opportunity to those
persons who were appointed through same advertisement prior
to 01.09.2005, but some of the persons have been granted Old
Pension Scheme and some of the persons granted New Pension
Patna High Court CWJC No.265 of 2022 dt.20-01-2026
Scheme then in that case option has been demanded from those
persons who have been appointed later. Learned Counsel for the
petitioners submits that in the light of the said resolution issued
by the Finance Department dated 28.11.2023, all the three
petitioners are entitled for grant of old pension scheme.
5. Learned Counsel for the State, on the other hand,
submits that from the pleading made by the petitioners that they
were appointed after 01.09.2005, the day on which new pension
scheme has been impleaded. Therefore, he submits that since
their appointment has been made after 01.09.2005. Hence, they
are entitled for New Pension Scheme only, and hence, according
to him, is not entitled for any relief as prayed.
6. After hearing the parties, it transpires to this Court
that it is admitted fact that all the three petitioners were
appointed after 01.09.2005, but due to the resolution made by
the Finance Department dated 28.11.2023 in Memo No.1206(P),
the situation has completely changed and in this regard the
option has to be taken from the petitioners that whether they are
interested for Old Pension Scheme or New Pension Scheme.
From the pleadings of the State, it is not clear that whether this
opportunity has been granted to the petitioners or not?
According to the Circular of the Finance Department, the
Patna High Court CWJC No.265 of 2022 dt.20-01-2026
respondent authorities are bound to take option from the
petitioners.
7. In this background, this writ petition is disposed off
directing respondent No.2, the Director-in-Chief, Department of
Health, Government of Bihar, Patna, to take option in the light
of the Finance Department's Resolution dated 28.11.2023 from
the petitioners within 90 days from the date of
receipt/production of a copy of this order and he is directed to
follow the said resolution completely in accordance with law
after taking option from them.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.01.2026
Transmission Date
