Jai Prakash Narayan vs State of Bihar

Dr. Anshuman, J

Heard Learned Counsel for the petitioner and Learned Counsel for the State.

Learned Counsel for the petitioner submit that the petitioner has filed the present writ petition for the following reliefs: -

"i) For direction to respondent authority to grant benefits of Old Pension Scheme to the petitioner in light of the Finance Department, Govt. of Bihar, Sankalp dated 28.11.2023.

ii) For directing respondent authority to dispose of the representation dated 23.09.23 pending before the authority concerned.

iii) For any other order/orders for which petitioner is entitled for in the facts and circumstances of the case."

Learned counsel for the petitioner submits that the petitioner has filed several representations before the authority concerned, but no decision has yet been taken thereon.

Learned counsel appearing for the Bihar Public Service Commission submits that a counter affidavit has already been filed, wherein Annexure-E, namely Letter No. 2662 dated 09.05.2024, was issued to the petitioner seeking certain relevant documents; however, the said documents have not been furnished by the petitioner till date. He further submits that the delay has occurred solely on account of the inaction on the part of the petitioner.

Learned counsel for the petitioner, on the other hand, submits that the petitioner's case is squarely covered by the judgment dated 09.12.2020 passed by a co-ordinate Bench of this Court in CWJC No. 22232 of 2018.

In light of the submissions made by the parties, this Court disposes of the present writ petition with a direction to the petitioner to file a fresh reply in response to Memo No. 2662 dated 09.05.2024 before respondent no.4.

The petitioner is further directed to file a fresh representation annexing the aforesaid letter, the relevant documents sought for therein, as well as the judgments upon which he seeks to rely. Upon receipt of such representation, respondent no.4 shall pass an appropriate order thereon. In the event the petitioner is found entitled, necessary decision with regard to his claim shall be taken within a period of 90 days from the date of receipt/production of a copy of this order.

With the aforesaid observation and direction, the present writ petition stands disposed off.