IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6340 of 2010 Prabhas Kumar Bhaskar S/O Late Nunu Chandra Bhaskar R/O Moh Horilganj, P.S.Jahanabad, Distt-Jehanabad (Then Gaya) Permanent Address-Shiv Nagar, P.S. Karpi, Distt-Arwal(Then Gaya), Bihar Versus 1. The State Of Bihar Through Secretary/Deputy Secretary/ to Home (Special)Department State Of Bihar, Patna 2. District Magistrate Jehanabad 3. The Secretary (Pension) Govt. Of Bihar, Patna, Home (Special) Department , Patna ---------------------------------- 04. 15.11.2011 Heard Mr. Samir Kumar, learned counsel appearing on behalf of the petitioner and Ms. Madhubala, Assisting counsel to G.A. 2 for the State. The writ petition had been filed seeking a direction to the respondent authorities of the State Government in its Home (Special) Department for payment of pension under the J.P. Senani Samman Yojana said to have been introduced by the Government of Bihar in relation to such of the persons who had been detained under the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the ‘MISA’). It is the case of the petitioner that there were two set of pensions for such of the beneficiaries; one in relation to such of the persons who had suffered incarceration for a period up to six months and the second category for such of the persons suffering incarceration exceeding six months. The petitioner claims to have been arrested under the provisions of the ‘MISA’ and having suffered incarceration for the period 19.7.1975 to 18.3.1977 i.e. 2 more than six months and thus falling in the second category. During the pendency of the proceedings it so appears that the authorities of the State Government in its Home (Special) Department having considered the claim of the petitioner have allowed him pension and which was published in a local Daily on 23.2.2010 placed at Annexure-1 of the Interlocutory Application filed for amendment of the prayer in the light of the subsequent developments. The name of the petitioner appears at serial no. 234 of the list mentioned in the paper notice. By reason of acceptance of the claim of the petitioner for pension under the J.P. Senani Samman Yojana, the grievance of the petitioner apparently stands redressed to a large extent. The petitioner however now complains that the respondents having accepted the eligibility of the petitioner to draw pension under the said Yojana have misdirected themselves in putting him in the category of such of the persons who have suffered incarceration for less than six months. It is contended that the petitioner having remained in judicial custody for the period 19.7.1975 to 18.3.1977 was entitled to pension allowed to persons suffering incarceration for more than six months and which according to the petitioner was Rs. 5,000/- per month. The writ petition having been filed on 12.4.2010, despite adjournments no counter affidavit has been filed on behalf of the respondents. Having heard learned counsel for the petitioner and considering the circumstances that the respondent authorities in the 3 Home (Special) Department have indeed accepted the claim of the petitioner for pension under the J.P. Senani Samman Yojana, the only issue which remains adjudication is as to the rate of the pension and whether the petitioner falls in the second category of persons suffering incarceration for a period exceeding six months and thus a higher pension. Regard being had to the circumstances aforesaid as also to the circumstances where no counter affidavit is forthcoming from the respondents, the writ petition is disposed of with a liberty to the petitioner to raise his claim before the Secretary, Home (Special) Department by enclosing relevant documents in support of his claim for a higher pension in terms of the J.P. Senani Samman Yojana and which shall be considered and disposed of in accordance with law by the respondent Home Secretary preferably within a period of three months from the date of filing of such representation. S.Sb/- (Jyoti Saran, J.)