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Patna High Court · body

1995 DIGILAW 36 (PAT)

Munder Sinha v. State

1995-01-18

B.P.SINGH

body1995
Judgment B. P. Singh J. 1. Heard counsel for the parties. 2. The petitioner superannuated as Lay Secretary of the Patna Medical college and Hospital on 2-7-1971. He was granted pension and other retirement benefits in accordance with the rules as they then existed It appears that by the resolution of the Govt. of Bihar dated-15th July 1975 there was liberalisation of the provisions of Death cum retirement benefits the liberalised provisions, however, were expressely made applicable to the state Government servants who retired from service on or after 1st January 1973 or who may retire from service after the issuance of the date of the resolution. It further appears that similar resolutions were subsequently passed by the Government, namely, resolution No.7112 dated 4-9-79 and resolution No.16189 dated 6-5-86. The petitioner claims that the resolution no.6796 dated 15-7-75 in so far as it precludes the petitioner and others who retired before 1st January, 1973 from the benefit of the liberalised scheme is arbitrary. He further claims that he is entitled to the benefit under the subsequent resolutions of the years 1979 and 1986, His grievance is that while he was given benefit of the resolution of the year 1986, benefit under the earlier resolutions have bean denied to him. 3. The State has filed its counter affidavit in which its stand is that the matter has been referred to the Accountant General, Bihar for necessary action. 4. So far Accountant General is concerned, a counter affidavit has been filed on its behalf stating that the benefits under the resolutions of the years 1979 and 1986 have been given to the petitioner, but so far resolution no.6796 dated 15-7-75 is concerned, since that resolution has not been amended, nor has it been quahsed by a court of law, the benefit thereunder cannot be extended. 5. Counsel for the petitioner submits that in view of the judgment of the Supreme court in D. S Nakara and othars V/s. Union of India and others (AIR 1983 SC 139), an arbitrary, cut off date contained in paragraph-2 of the resolution of the Govt. of Bihar dated 15th July 1975 cannot be prescribed. Similar resolution was quashed by the Supreme Court as being arbitrary and irrational. 6. of Bihar dated 15th July 1975 cannot be prescribed. Similar resolution was quashed by the Supreme Court as being arbitrary and irrational. 6. I have heard counsel for the parties No Plausible argument could be advanced by the respondents to sustain the validity of the resolution dated 15th July, 1975 in so far its application was confied to those government servants who retired from service on or after 1st January, 1973 The judgment of the Supreme Court aforesaid fully covers the case and, therefore I have no option but to quash paragraph-2 of the resolution No.6796 dated 15th July 1975 in so far it precludes the government servants who retired from service on or after 1st January, 1973 from the benefit under the resolution 7. There is dispute as to whether the petitioner has been given the benefit of the resolution dated 4-9-79. while counsel for the Accountant general submits that he has been given the benefit under that resolution, counsel for the petitioner strongly denies that fact and states that the petitioner has not been given benefit to which be is entitled under that resolution. This is essentially a matter of calculation of the benefits but in principle, it is admitted by the Accountant General that the petitioner will be entitled to the benefit of the resolution dated 4-9-79. 8. Before parting with the judgment. I may observe that after the judgment in D. S. Nakara case, there appears no reason why the resolution of the years 1975, 1979 and 1986 should in their application be only prospective at the same time, ! take judicial notice of the fact that it is not possible for all retired persons to approach this court even if they are entitled to the benefit of the liberalised pension scheme under these resolutions. Some of them are no more, and, at best, their heirs may be compensated. In these circumstances, it would be appropriate if the State Government either modifies the resolution, or in any case directs the Accountant General, Bihar to grant benefit of liberalised pension scheme under the aforesaid three resolutions to all retired government servants and their heirs. It would also be proper that a public notice be issued with regard to this decision so that many pensioners who are not aware of the legal proceedings before this court may come to know their rights under resolutions. It would also be proper that a public notice be issued with regard to this decision so that many pensioners who are not aware of the legal proceedings before this court may come to know their rights under resolutions. This will avoid hardship which may be caused to large number of pensioners if they are compelled to approach this court for relief. 9. In these circumstances, this petition is allowed to the extent that the State is directed to grant the petitioner the benefit of liberalised scheme under resolution dated 15th July, 1975. The Accountant General will now re-calculate the benefit to which the petitioners is entitled in the light of the three resolutions aforesaid and issue revised authority slip in favour of the petitioner within a period of two months. The petitioner will be entitled to interest calculated at the rate of 12 per cent per annum payable by the State of Bihar with effect from the date of Supreme Courts judgment in D. S. Nakara V/s. Union of India. Petition Allowed. Q