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Patna High Court

Arjun KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the respondents must take the option from the petitioners in accordance with the Finance Department’s 28‑November‑2023 resolution and within ninety days.

Summary

The petitioners, appointed on compassionate grounds after 1 September 2005, sought a mandamus directing the State of Bihar to grant them the benefits of the old pension scheme, arguing that a Finance Department resolution dated 28 November 2023 required the option to be offered to all such appointees. The State contended that because the appointments occurred after the cut‑off date, the petitioners were only eligible for the new pension scheme. The Court accepted the factual premise that all three petitioners were appointed post‑cut‑off but held that the 2023 resolution altered the legal position, obligating the authorities to present the choice of old or new pension scheme to the petitioners. Consequently, the Court directed the Director‑in‑Chief, Department of Health, to obtain the petitioners' preference within ninety days of receipt of the order. The order effectively grants the petitioners the opportunity to opt for the old pension scheme, thereby providing the relief sought.

Issues considered

  • Whether employees appointed after 1 September 2005 are entitled to the old pension scheme under the Finance Department's resolution of 28 November 2023.
  • Whether the respondents are statutorily bound to offer the option of old versus new pension scheme to the petitioners.
  • Whether a writ of mandamus can be issued directing the respondents to take the option from the petitioners.

Subjects

  • old pension scheme
  • new pension scheme
  • compassionate appointment
  • mandamus
  • Finance Department resolution
  • public service pension
  • Bihar
  • option to choose pension scheme

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.265 of 2022
     ======================================================
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
     ======================================================
     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
     ======================================================
     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
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         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
                                           3/5




         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
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         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
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                      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


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