Patna High Court
Amar Nath PrasadversusThe Union of India
- Decided
- Disposal
- DISMISSED
Holding
No relief can be granted as the petitioner retired after the repeal of the 1972 Rules, and the impugned CAT order stands affirmed.
Summary
Amar Nath Prasad, a retired sorting assistant, filed a writ petition challenging a Central Administrative Tribunal order dated 07-08-2024. The petitioner argued for relief under the Central Civil Services (Pension) Rules, 1972. During arguments, counsel pointed out that the petitioner retired on 31-01-2022, after the 1972 Rules had been repealed by the Central Civil Services (Pension) Rules, 2021. The court held that no relief could be granted under the repealed rules and that the CAT order was not infirm. Consequently, the petitioner was allowed to withdraw the writ, and the petition was dismissed as not pressed.
Issues considered
- Whether the petitioner is entitled to relief under the Central Civil Services (Pension) Rules, 1972 after its repeal by the 2021 Rules.
- Whether the order of the Central Administrative Tribunal dated 07-08-2024 can be set aside.
Subjects
- pension
- civil service
- writ petition
- Central Administrative Tribunal
- retirement
- repeal of rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10733 of 2025
======================================================
Amar Nath Prasad Son of Late Ram Chandra Prasad, Resident of Mohalla-
Ashok Nagar, Road No.5. Kankarbagh, Post Office-Lohianagar, P.S.-
Kankarbagh, Patna-800020 at present retired Sorting Assistant HRO, RMS,
PT- Dn. Patna-800004.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Government of India, Ministry of
Communication, Department of Posts, Dak Bhawan, Sansad Marg, New
Delhi-110001.
2. The Director General, Department of Posts, Government of India, Dak
Bhawan, Sansad Marg, New Delhi-110001.
3. The Chief Postmaster General, Bihar Circle, Meghdoot Bhawan, Patna-
800001.
4. The General Manager Finance (Postal) Bihar Circle, G.P.O. Campus, Patna
G.P.O.-800001.
5. The Director of Postal Services, Head Quarter, Meghdoot Bhawan, Patna-
800001.
6. The Senior Superintendent of RMS PT-Dn Patna-800004.
7. The Head Record Officer, HRO, RMS, PT-Dn. Patna-800004
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Om Prakash Singh, Advocate
For the Respondent/s : Mr. Rajen Sahay, Sr. C.G.C.
Mr. Arvind Kumar, C.G.C.
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE RAJ KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
8 15-06-2026 After some arguments, the Ld. Counsel for the petitioner,
realizing the fact that the petitioner had stood retired on
31.01.2022, a day on which the Central Civil Services (Pension)
Rules, 1972 had stood repealed by virtue of Rule 87 of the
Central Civil Services (Pension) Rules, 2021, submits that under
Patna High Court CWJC No.10733 of 2025(8) dt.15-06-2026
2/2
the new Rules, no relief can be granted to the petitioner, hence
admittedly there is no infirmity in the impugned order dated
07.08.2024 passed by the Ld. Central Administrative Tribunal,
Patna Bench, Patna in O.A. No. 050/00459 of 2022, thus he be
permitted to withdraw the present writ petition.
2. Accordingly, the present writ petition stands dismissed as
not pressed.
(Mohit Kumar Shah, J)
(Raj Kumar, J)
S.Sb/-
U
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