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Patna High Court

Rajeev Kumar RanjanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a fresh representation within 30 days and the respondent to issue a reasoned order within 90 days, thereby disposing of the writ petition.

Summary

Petitioner Rajeev Kumar Ranjan, a head clerk in the Health Department, filed a writ petition seeking the benefits of the Old Pension Scheme and a decision on his representation dated 26-08-2024 filed with the Director General (Disease Control). The petitioner alleged that no decision had been taken on his representation, while the State contended the same and suggested the petition could be disposed by directing a decision. The Court directed the petitioner to file a fresh representation within 30 days, attaching the order, and instructed the respondent to pass a reasoned order within 90 days of receipt. The petitioner may rely on orders in similar cases to support his claim. Consequently, the writ petition was disposed.

Issues considered

  • What relief, if any, is appropriate for a petitioner seeking the Old Pension Scheme benefits when the administrative authority has not decided on his representation?

Subjects

  • Old Pension Scheme
  • writ petition
  • service matters
  • administrative law
  • representation
  • direction
  • Health Department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3219 of 2026
                 ======================================================
                 Rajeev Kumar Ranjan Son of Late Dr. Ram Pratap Singh, Resident of Village-
                 Mitthikuan, Bhaisasur, Post Office- Biharsharif, Police Station- Laheri,
                 District- Nalanda. Presently at the post of Head Clerk, Civil Surgeon,
                 Nawada.

                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Principal Secretary of Health Department,
                 Government of Bihar, Patna.
           2.    The Director General (Disease Control), Health Services, Health
                 Department, Government of Bihar, Patna.
           3.    The Director, Health Department, Government of Bihar, Patna.
           4.    The District Magistrate-cum-Chairman,           Compassionate     Committee,
                 Nawada, District- Nawada.
           5.    The District Establishment, Deputy Collector, Nawada.
           6.    The Civil Surgeon-cum-Chief Medical Officer, Nawada.
           7.    The Superintendent of Sadar Hospital, Nawada.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Md. Ejaz Akhter, Advocate
                 For the Respondent/s   :        Mr. Mujtabaul Haque, GP-12
                                                 Mr. Pranoy Kumar, AC to GP-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   10-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for the

                   following reliefs:-

                                                      (i)     For    direction      to     the
                                            Respondents to take action to provide the
                                            benefits of the Old Pension Scheme to the
                                            petitioner from the date of appointment of
                                            the petitioner in health department.
Patna High Court CWJC No.3219 of 2026(2) dt.10-03-2026
                                            2/3




                                               (ii)      Also    direction   to   the
                                  Respondent No. 2 for disposal of the
                                  application         dated     26.08.2024   of   the
                                  petitioner on merit.
                                               (iii) Any other suitable reliefs as
                                  your lordship may deem fit and proper.


                      3. Learned counsel for the petitioner submits that the

          petitioner has filed a representation before the Director General

          (Disease Control), Health Services, Health Department,

          Government of Bihar, Patna (respondent No. 2), annexed as

          Annexure-P/13. He further submits that no decision has been

          taken on the petitioner’s representation till date. He further

          submits that this Hon’ble Court has been pleased to pass orders

          in cases of other similarly situated persons and granted relief for

          providing the old pension scheme and submits that the

          petitioner’s case is also covered under the same.

                      4. Learned counsel for the State, on the other hand,

          submits that, as per his information, no decision has been taken

          on Annexure-P/13. He further submits that the present writ

          petition may be disposed of by directing the concerned authority

          to take a decision on the petitioner’s representation.

                      5. In light of the submissions made above, the

          petitioner is hereby directed to file a fresh representation within
         Patna High Court CWJC No.3219 of 2026(2) dt.10-03-2026
                                                     3/3




                   30 days from the date of passing of this order, along with a copy

                   of this order, before the Director General (Disease Control),

                   Health Services, Health Department, Government of Bihar,

                   Patna (respondent No. 2). Upon receipt of the same, respondent

                   No. 2 is hereby directed to pass a reasoned and speaking order

                   on the petitioner’s representation within 90 days thereafter.

                               6. The petitioner shall be at liberty to submit his fresh

                   representation along with the order passed by this Court in the

                   case of other similarly situated persons, and the respondent

                   authority shall consider and pass an order accordingly within the

                   above-stipulated time.

                               7. Accordingly, in view of the above directions and

                   observations, the present writ petition stands disposed of.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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