Patna High Court
Gopal SinghversusUnion of India
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court held that the respondents must consider the petitioner's claim for parity in pension benefits and provide a reasoned explanation for any disparity with similarly situated persons.
Summary
The petitioner, Gopal Singh, a CRPF constable, filed a writ petition alleging discrimination in the grant of pension benefits under the Central Civil Services (Pension) Rules, claiming he was denied the admissible basic pay of Rs.40,400 despite similarly situated colleagues receiving it. The Union of India contended that the petitioner's claim was unfounded and that his request for parity with a specific individual, Ram Kathin Ram, was incorrect. The petitioner clarified that his case was not limited to that individual and that several other constables had been granted the same pay, which the respondents had not addressed. The Court found merit in the petitioner's submissions, noting the lack of any justification for the denial and directed the respondent to examine the representation dated 16‑01‑2020 and explain why the petitioner’s case is not on par with the others within eight weeks. Consequently, the writ petition was disposed of with the said directions.
Issues considered
- Whether the petitioner is entitled to the basic pay of Rs.40,400 as per the CCS (Pension) Rules, 1972/1997, on the ground of parity with similarly situated CRPF personnel.
- Whether the respondents have arbitrarily denied the pension benefit, amounting to discrimination.
Legislation cited
Subjects
- pension
- discrimination
- parity
- civil service rules
- writ petition
- CRPF
- basic pay
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16112 of 2023
======================================================
Gopal Singh, S/o Late Ramcharitr Singh, R/o Village - Bishunpur, P.S. -
Kawakol, Dist. - Nawada.
... ... Petitioner/s
Versus
1. Union of India through IG, Central Sector, CRPF, Vibhuti Khand, Near Ram
Manohar Lohiya Hospital, Gomti Nagar, Lucknow, U.P.
2. The DIG P, Group Centre, CRPF, Bijnor, Lucknow, Uttar Pradesh.
3. DIG P welfare, CRPF, CGO Complex, Lodhi Road, New Delhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhanshu Shekhar, Advocate
Ms. Shashi Priya, Advocate
For the Respondent/s : Mr. Rakesh Kumar Sinha, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 30-06-2026
Learned Advocate for the petitioner seeks
permission to make necessary correction in the cause title of
respondent no.2.
2. Permission is accorded.
3. Heard Mr. Sudhanshu Shekhar, learned Advocate
for the petitioner and Mr. Rakesh Kumar Sinha, learned
Advocate for the Union of India.
4. The entire case of the petitioner is based upon the
materials suggesting discrimination has caused to him in
extending the benefit of pension as per CCS (Pension) Rules,
1972, as amended in CCS (Pension) Rules, 1997.
Patna High Court CWJC No.16112 of 2023 dt.30-06-2026
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5. Learned Advocate for the petitioner submitted
that despite the petitioner having eligibility to get admissible
basic pay of Rs.40400/-, he has been denied the same
irrespective of the fact the other identically situated persons
have been extended the similar basic pay.
6. The entire fact has been brought to the
knowledge of the concerned respondents by making a specific
contention that some of the constables have been allowed the
basic pay, as has been prayed for in the writ petition, but the
same has not been considered in right perspective and denied to
the petitioner.
7. Learned Advocate for the Union of India
referring to the counter affidavit has submitted that the case of
the petitioner was duly verified and upon consideration of the
record it has been found that the claim of the petitioner seeking
parity with Ram Kathin Ram was found incorrect and, as such,
the case of the petitioner for stepping up with the Junior Force
was not accepted, therefore, no direction could have been
passed in favour of the petitioner.
8. Learned Advocate for the petitioner, at this
juncture, submits that in the entire writ petition he has not
whispered about Ram Kathin Ram and only because of the fact
Patna High Court CWJC No.16112 of 2023 dt.30-06-2026
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that in one of the representation the name of Ram Kathin Ram
has been mentioned, the case of the petitioner has been
compared with only Ram Kathin Ram and conveniently other
identically situated persons have been left out knowingly.
9. Having heard the parties and on perusal of the
materials, this Court finds substance in the submissions of the
learned Advocate for the petitioner to the extent indicated
hereinabove that the petitioner has mentioned the name of
several other identically situated persons, who have been
allowed the basic pay of Rs.40,400/-, but there is neither any
deliberation nor denial of the same and, as such, the respondents
are under obligation to consider the claim of the petitioner, who
seeks parity with those, whose names have been mentioned in
the representation dated 16.01.2020 (Annexure-P/3).
10. In view thereof, this Court directs the
respondent no.2 to consider the representation of the petitioner
dated 16.01.2020 (Aannexure-P/3) and bring to its logical
conclusion by explaining the position as to how case of the
petitioner is not at par with other similarly situated persons
mentioned in the representation dated 16.01.2020 preferably
within a period of eight weeks from the date of
receipt/production of a copy of this order.
Patna High Court CWJC No.16112 of 2023 dt.30-06-2026
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11. The writ petition stands disposed of with the
aforesaid directions.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.07.2026
Transmission Date NA
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