Yugal Paswan vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14077 of 2026
======================================================
1. Yugal Paswan Son of Ramdev Paswan, Resident of Village- Navade, P.O.,
P.S. and District- Aurangabad, at present posted as Class III Clerk in the
office of SDO, Daudnagar, District Aurangabad.
2. Deepak Prasad, Son of Late Shiv Ratan Ram, Resident of Village
Dharnidhar Road, Bharatpur Mohalla, P.S., District- Aurangabad, at present
posted as Clerk in the Circle Office, Daudnagar.
3. Dilip Ram, Son of Nand Kishore Ram, Resident of Village- Dhar Dhar
Road, P.S. and District Aurangabad, Aurangabad, at present working as
Class IV employee in the office of District Magistrate, Aurangabad.
4. Satyendra Thakur, Son of Late Janardhan Thakur, Resident of Village Barhi
Bella, P.O., PS.- Muthal, District Aurangabad, posted as Class IV employee
in the office of D.M. Aurangabad.
5. Manoj Ram, Son of Kuldeep Ram, Resident of Village Virat Pura, P.O., P.S.
Aurangabad, District Aurangabad, posted as Class IV employee in the office
of D.M., Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, State of Bihar.
2. Secretary, General Administrative Department, Government of Bihar, Patna.
3. Principal Secretary, Revenue and Land Reforms Department, Government of
Bihar, Patna.
4. Commissioner, Magadh Mandal, Gaya, District Gaya.
5. Collector, Aurangabad, District Aurangabad.
6. District Establishment Deputy Collector, Aurangabad, District- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinu Kumar, Adv.
Mr. Vardaan Mangalam, Adv.
Ms. Ritika Rani, Adv.
For the Respondent/s : Mr. Government Pleader (6)
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 17-09-2026
Heard learned Advocate for the petitioners and the
learned Advocate for the State.
2. The petitioner has approached this Court for the
following relief(s):-

Patna High Court CWJC No.14077 of 2026 dt.17-09-2026
2/4
I. For commanding
respondents for keeping the petitioners
under old pension as per Bihar
Pension Rule, 1961 and General
Provident Fund, which was existing at
the time of advertisement on
30.08.1995 and preparation of panel
on 22.04.1999, much prior to talking
effect of Bihar Government Karmchari
Anshdayi Pension Yojna, 2005, known
as New Pension Scheme, on
31.08.2005, which came into effect
from 01.09.2005.
II. To hold and declare the
petitioners are entitled to receive and
get the benefit of old pension scheme
and General Provident Fund after
deleting the names of the petitioners
from Bihar Government Karmchari
Anshdayi Pension Yojna, 2005, which
came into effect from 01.09.2005 and
from the list of Contributory Provident
Fund opened in the name of the
petitioners.
III. Also for necessary relief,
order and direction for which the
petitioners are entitled in the eye of
law, as well as on the facts of the case.
3. Learned Advocate for the petitioners, adverting to
the facts narrated in the writ petition, submitted that the
petitioners had initially filed their application in terms of the
Advertisement published on 30.08.1995. Consequent
whereupon, the panel of the candidates was prepared on
22.04.1999, much prior to the coming into effect of the Bihar

Patna High Court CWJC No.14077 of 2026 dt.17-09-2026
3/4
Government Karmchari Anshdayi Pension Yojna, 2005, known
as New Pension Scheme, on 31.08.2005, which has been made
effective from 01.09.2005. Hence, in the submission of the
petitioners, their claim for pension must be treated with the Old
Pension Scheme and not with the New Pension Scheme.
4. Drawing the attention to the circular issued by the
Finance Department, Government of Bihar, issued under Memo
No. 1206, (Pension) dated 20.11.2023; it is further contended
that since, the entire selection process was completed prior to
coming into force of the New Pension Scheme, the cases of the
petitioners must be considered in the light of the prescriptions
referred therein.
5. This Court is also informed that identically situated
persons have approached this Court in CWJC No. 5868 of 2022,
wherein this Court, vide order dated 22.01.2026, has extended
liberty to those petitioners to file their individual representation
before the concerned authority of their respective departments,
showing their eligibility in the light of the Circular dated
28.11.2023, within a period of 30 days.
6. Learned Advocate for the petitioners thus submitted
that the present writ petition may also be disposed off in
identical terms of the order passed in CWJC No. 5868 of 2022.

Patna High Court CWJC No.14077 of 2026 dt.17-09-2026
4/4
7. Learned Advocate for the State though prayed for a
short adjournment to apprise this court with regard to the
present factual and legal position.
8. Having considered the nature of the grievance and
the fact that identically situated persons have been extended
liberty to raise their claim before the competent authority, this
Court also deems it fit and proper, in order to maintain
uniformity, to dispose off the writ petition with a direction to the
petitioners to file individual representation before the District
Magistrate, Auranagabad, showing their eligibility in the light of
the circular of the Finance Department, Government of Bihar,
bearing Memo No. 1206 (Pension) dated 28.11.2023, within a
period of four weeks from today.
9. In case, such a representation is filed, the concerned
District Magistrate shall pass a reasoned and speaking order
within a further period of 90 days.
10. With the aforesaid direction and observation, the
present writ petition stands disposed off.


(Harish Kumar, J)
sumit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.09.2026
Transmission Date NA