Patna High Court
Rajeev Kumar RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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(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
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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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