Patna High Court
IndiaversusNarayan Pandit
- Decided
- Disposal
- DISPOSED
Holding
The High Court granted liberty to the petitioners to file a review petition before the CAT and disposed of the writ petition.
Summary
The Union of India, represented by various postal officials, filed a writ petition in the Patna High Court challenging the Central Administrative Tribunal's order dated 13 August 2024, which had allowed the sole respondent's original application and referenced a letter dated 26 October 2023 that the petitioners claimed was not part of the record. The petitioners argued that the concession granted by the tribunal was contrary to their policy and that the referenced letter was never annexed to the original application nor mentioned in the written statement. They also contended that the office memorandum dated 3 March 2023 did not support the grant of pension under the old scheme. The court examined whether the petitioners were entitled to liberty to seek a review of the CAT order. Justice Mohit Kumar Shah granted the petitioners liberty to file a review petition before the CAT and consequently disposed of the writ petition.
Issues considered
- Whether the writ petitioners are entitled to liberty to file a review petition before the Central Administrative Tribunal.
- Whether the CAT order dated 13 August 2024 is procedurally valid in view of the alleged absence of the referenced letter from the record.
Subjects
- writ petition
- review petition
- Central Administrative Tribunal
- pension scheme
- procedural irregularity
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1088 of 2026
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1. The Union of India through the Secretary -cum- Director General,
Department of Posts, Dak Bhawan, New Delhi- 110001.
2. The Chief Post Master General, Bihar Circle, Patna- 800001.
3. The Post Master General, East Region, Bhagalpur, Office of Chief
Postmaster General, Bihar Circle, Patna- 800001.
4. The Director Accounts (Postal), Patna GPO Campus, Patna- 800001.
5. The Superintendent of Post Offices, Begusarai Division, Begusarai- 851101.
... ... Petitioner/s
Versus
Narayan Pandit Son of Late Chamru Pandit, Resident of Village- Kurha, P.S.-
Sahebpur Kamal, District- Begusarai (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Surya Nilambari, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 10-02-2026 The present writ petition has been filed challenging
the order dated 13.08.2024, passed by the learned Central
Administrative Tribunal, Patna Bench, Patna in O.A.
No.050/1042/2019 whereby and whereunder the original
application filed by the sole respondent has been allowed and
disposed of in terms of the letter dated 26.10.2023 issued by the
office of the Superintendent of Post and Offices, Begusarai
Division, Begusarai.
2. At the outset, the learned counsel for the petitioner
Patna High Court CWJC No.1088 of 2026(2) dt.10-02-2026
2/3
submits that the concession given by the learned Additional
CGSC in paragraph no.8 of the impugned order dated
13.08.2024 is contrary to the policy of the petitioners. It is
further submitted that the petitioners are at a loss to understand
as to how the letter dated 26.10.2023, issued by the office of the
Superintendent of Post and Offices, Begusarai Division,
Begusarai, mentioned in paragraph no.10 of the impugned order
dated 13.08.2024 came on record of the file of the aforesaid
original application, before the learned Central Administrative
Tribunal inasmuch as neither the same has been annexed to the
original application nor the same finds mention anywhere in the
written statement filed by the petitioners. It is also submitted
that the office memorandum of the DoP&PW dated 03.03.2023
mention in the aforesaid memo dated 26.10.2023 issued by the
Superintendent of Post and Offices, Begusarai Division,
Begusarai also does not mention about any such policy by
which the case of the sole respondent would stand covered for
grant of pension under the old pension scheme.
3. In such view of the matter, the learned counsel for
the petitioner seeks liberty on behalf of the petitioners to file
appropriate review petition before the learned Central
Administrative Tribunal, Patna Bench, Patna for review of the
Patna High Court CWJC No.1088 of 2026(2) dt.10-02-2026
3/3
order dated 13.08.2024 passed in O.A. No.050/1042/2019.
Liberty so sought is granted.
4. Accordingly, the writ petition stands disposed off.
(Mohit Kumar Shah, J)
( Alok Kumar Pandey, J)
kanchan/-
U
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