Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The petitioners are to be considered under the Old Pension Scheme as per the Finance Department’s approval, but must file a fresh representation for the 1st ACP/MACP benefit.
Summary
The petitioners, three government clerks, applied for a writ directing that their service tenure be back‑dated to 30 June 2004 and that they receive benefits under the Old Pension Scheme, despite being appointed on 24 July 2007 after the cut‑off date of 1 September 2005. They argued that the Bihar Public Service Commission had recommended their appointment in 2004 and that a prior court order (CWJC No.12277 of 2004) required the authorities to complete the selection process. The respondents placed the petitioners under the New Pension Scheme. The High Court held that, based on the Committee’s recommendation and Finance Department approval, the petitioners are entitled to the Old Pension Scheme benefits, but directed them to file a fresh representation for the 1st ACP/MACP benefit. The court ordered the Collector‑cum‑District Magistrate to decide the representation within three months and disposed of the writ application.
Issues considered
- Whether the petitioners are entitled to benefits under the Old Pension Scheme despite appointment after the scheme’s cut‑off date.
- Whether the service tenure of the petitioners can be back‑dated to 30 June 2004 for the purpose of calculating pension and related benefits.
- Whether the respondents are obligated to grant the 1st ACP/MACP benefit to the petitioners.
Subjects
- Old Pension Scheme
- New Pension Scheme
- service tenure
- appointment delay
- civil writ jurisdiction
- representation
- pension benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1186 of 2022
======================================================
1. Rajesh Kumar Son of Nageshwar Kumar, resident of Village- Kulhariya,
P.S.- Parbatta, District- Khagaria, presently posted as Rajashwa Karamchari,
Anchal- Beldaur, District- Khagaria.
2. Dinesh Das, Son of Sarjug Das, resident of Village and P.O.- Aguavani, P.S.-
Parbatta, District- Khagaria, presently posted as Rajashwa Karamchari,
Anchal- Alauli, District- Khagaria.
3. Abhiraj, Son of Anil Singh, resident of Village- Bandehra, P.S. Pasraha,
District- Khagaria, at present posted as Rajashwa Karamchari, Anchal-
Alauli, District - Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Collector-cum-District Magistrate, Khagaria.
4. The Circle Officer, Alauli, District - Khagaria.
5. The Circle Officer, Beldaur, District - Khagaria.
6. The Bihar Public Service Commission, Bailey Road, Patna.
7. The Additionaln Chief Secretary, Finance Department, Government of
Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Prasad, Advocate
For the Respondent/s : Mr. Md. Khurshid Alam, AAG-12
Mr. Majid Mahboob Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 30-06-2026
Heard learned counsel for the petitioners and learned
counsel for the respondents.
2. The petitioners have filed the instant application for
the following reliefs : (i) To notionally calculate the tenure of
service of the petitioners from the date they become entitled for
Patna High Court CWJC No.1186 of 2022 dt.30-06-2026
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appointment and joining i.e. on 30.6.2004 pursuant to order
no.1043 dated 30.6.2004 when persons similar to the petitioners
were appointed, (ii) though the recommendation for
appointment of the petitioners were made much prior to the cut-
off date for the Old Pension Scheme i.e. 1.9.2005, however for
no fault of the petitioners, they came to appointed only on
24.7.2007, therefore they be granted benefit under the Old
Pension Scheme and (iii) for directing the respondents to grant
the benefit of 1st ACP/MACP to the petitioners of Rs.5000-8000,
Pay Band- 4200 calculating the tenure of the service period of
the petitioners with effect from 30.6.2004.
3. The case of the petitioners in brief is that pursuant
to the Bihar Public Service Commission (‘BPSC’ in short)
coming out with an advertisement for appointment on Grade-III
posts, the petitioners along with others applied for appointment
on the post of Assistant, Clerk, Jansevak, V.L.W. etc. The
petitioners along with others were successful and the District
Magistrate, Khagaria issued a letter dated 30.6.2004 (Annexure-
2) recommending 21 candidates found successful and eligible
for appointment and which included the petitioner herein.
However, the respondents proceeded to issue appointment
letters only with respect to 11 candidates.
Patna High Court CWJC No.1186 of 2022 dt.30-06-2026
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4. It is further case of the petitioners that one Sanjay
Kumar Nirala moved this Court by filing CWJC no.12277 of
2004 which was disposed of by order dated 31.1.2007 directing
the respondents to complete the entire process of
selection/appointment within the time fixed. Subsequently the
petitioners came to be appointed by the respondents by order
dated 24.7.2007.
5. The petitioners having been appointed after the
cut-off date for eligibility for a person to qualify under the Old
Pension Scheme i.e. 1.9.2005, the petitioners were placed under
the New Pension Scheme.
6. Bereft of unnecessary details, it may be mentioned
here that as evident from the letter dated 24.4.2026 (Annexure-
P/1 to I. A. no.2 of 2026) along with minutes of the meeting
dated 11.7.2024 of the Committee headed by the District
Magistrate, Khagaria, the petitioners herein were recommended
by the Committee to be considered and given the benefit under
the Old Pension Scheme, recommendations of their names
having been made on 30.6.2004 itself. It further transpires from
the letter dated 24.4.2026 that the said recommendation of the
Committee headed by the District Magistrate, Khagaria has the
approval/sanction of the Finance Department and the petitioners
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have been held entitled for the benefit under the Old Pension
Scheme.
7. In view of the facts of the case this Court directs
that the benefits/dues of the petitioners shall be considered
under the Old Pension Scheme pursuant to the stand of the
respondent authorities approved by the Finance Department.
8. In so far as the grant of benefit of the 1 st
ACP/MACP calculating the tenure of service of the petitioners
with effect from 30.6.2004 is concerned, this Court finds that
though a representation has been filed by the petitioners, there
has been no application of mind nor has any order been passed
thereon by the respondent authorities.
9. In view of the above, the writ application is
disposed of directing the petitioners to file a representation so
far as the grant of 1st ACP/MACP payable to the petitioners is
concerned calculating the tenure of service of the petitioners
with effect from 30.6.2004.
10. The petitioners shall file a separate/individual
fresh representation with respect to the above along with a copy
of this order within a period of four weeks from today before the
Collector-cum-District Magistrate, Khagaria (respondent no.3)
who shall decide the same in accordance with law within a
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period of three months from the date of its filing and
communicate the result thereof to the petitioners forthwith.
11. The writ application stands disposed of.
(Partha Sarthy, J)
avinash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 30.06.2026
Transmission Date
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