Patna High Court

Dr. Surendra KumarversusThe State of Bihar

Decided: 4 May 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The Court directed the petitioner to file a fresh representation before the Additional Chief Secretary, Department of Health, and ordered the department to decide on it within 90 days, thereby disposing the writ petition.

Summary

Dr. Surendra Kumar filed a writ petition seeking to be placed under the old Pension Scheme (Central Civil Service Pension Rules, 1972) instead of the National Pension System, relying on a Finance Department resolution. He claimed that his representation to the Health Department dated 17 March 2026 had not been acted upon. The State argued that the petitioner should file a fresh representation before the competent authority. The Court directed the petitioner to submit a fresh representation to the Additional Chief Secretary, Department of Health, within 30 days, and ordered the department to decide on it within 90 days with a reasoned order. The petition was thereafter disposed.

Issues considered

What relief, if any, is available to a government employee seeking coverage under the old pension scheme instead of the National Pension System?
Whether the High Court can direct the filing of a fresh representation before the competent authority as a remedy for the petitioner’s grievance.

Subjects

pension
old pension scheme
National Pension System
writ petition
representation
administrative law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6805 of 2026
     ======================================================
     Dr. Surendra Kumar Son of Late Deo Narayan Prasad Singh, Resident of
     Mohalla - Sakari Gali, Near PT High School, P.O. - Gulzarbagh, P.S. -
     Alamganj, Dist.- Patna.

                                                               ... ... Petitioner/s
                                      Versus

1.   The State of Bihar through the Additional Chief Secretary, Department of
     Health, Government of Bihar, Patna.
2.   The Additional Chief Secretary, Department of Health, Government of
     Bihar, Patna.
3.   The Additional Chief Secretary, Department of Finance, Government of
     Bihar, Patna.
4.   The Additional Chief Secretary, Department of General Administrative,
     Government of Bihar, Patna.
5.   The Civil Surgeon cum Chief Medical Officer, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Rakesh Kumar, Advocate
     For the Respondent/s   :     Mr.Government Pleader (11)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                         ORAL JUDGMENT
      Date : 04-05-2026
               Heard counsel for the petitioner and learned counsel

      for the State.

                  2. The petitioner has field the present writ petition for

      (I) granting old Pension Scheme coverage under Central Civil

      Service (Pension Rules, 1972 instead of National Pension

      System (N.P.S.) in light of Resolution of Finance Department

      vide Memo No. 1260 dated 28.11.2023 issued by the Secretary

      (Resources), Department of Finance, Governmetn of Bihar, (ii)

      to open provident fund account number instead of National
Patna High Court CWJC No.6805 of 2026 dt.04-05-2026
                                           2/3




         Pension System (N.P.S.) (ii) And/or to grant any other

         relief/reliefs to which the petitioner may be found entitled to in

         the facts and circumstances of the case.

                     3. Learned counsel for the petitioner submits that for

         redressal of his grievance, the petitioner had filed a

         representation before the Secretary, Department of Health,

         Government of Bihar, Patna, on 17.03.2026, as contained in

         Annexure P/12 to the writ petition, however, no decision has

         been taken on the said representation till date.

                     4. Learned counsel for the State submits that the

         petitioner may be directed to file a fresh representation before

         the competent authority for redressal of his grievance.

                     5. In the aforesaid background, the petitioner is

         directed to file a fresh representation before respondent No. 2,

         namely, The Additional Chief Secretary, Department of Health,

         Government of Bihar, Patna, along with a copy of this order as

         well as relevant circular issued by the Finance Department, as

         contained in Annexure P/11 to the writ petition, within 30 days

         from today. Upon receipt of the representation, the respondent

         no.2, is directed to take a decision on the said representation

         within 90 days from the date of its filing, with a reasoned and

         speaking order.
             Patna High Court CWJC No.6805 of 2026 dt.04-05-2026
                                                        3/3




                                  6. With the aforesaid observation and direction, the

                      writ petition stands disposed off.




                                                  (Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE                NA
Uploading Date          05/05/2026
Transmission Date       NA

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