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2007 DIGILAW 1230 (PAT)

Husno Bano v. State Of Bihar

2007-07-27

MIHIR KUMAR JHA

body2007
Judgment Mihir Kr.Jha, J. 1. Heard the parties. 2. In this writ application the widow, wife of late Sajid Hussain, a employee of Bhagalpur College of Engineering. Bhagalpur, has moved this Court for refixation of pension of her husband in terms of the judgment dated 2.11.1995 passed. in C.W.J.C. No. 7160 of 1991 and also for a consequential direction for payment of pension, arrears of pension and gratuity in terms of the said refixation of pay. 3. The facts are not in dispute as even respondents admit in the counter- affidavit that the husband of the petitioner was appointed as Junior Instructor at Bhagalpur Engineering College and retired while continuing as Junior Instructor on 31.1.1994 after serving the Institution for almost 33 years, his date of appointment being 4.9.1961. The employees of the Engineering College including the husband of the petitioner had some grievance with regard to grant of U.G.C. pay scale and accordingly, they had jointly moved this Court in C.W.J.C. No. 7160 of 1991 which came to be disposed of by a judgment dated 2.11.1995 (Annexure-1 to the writ petition) whereby and whereunder the following directions were issued: "Para-8. For the reasons stated above, this petition is allowed. The Respondents are directed to declare the Instructors of all the Government Engineering College in the category of teaching staff and to extend the benefit of U.G.G. scale to them as has been granted to the Laboratory Assistants by order dated 16.10.1987. The petitioner shall be entitled to get the arrears arising out of the difference of pay scale, if any, on and from the date of approaching this court i.e. 18.10.1991, the same benefit shall be extended to the Intervenor." "Para-10. It is made clear that petitioners no. 1,2 and 3 shall also be entitled to the benefit of the U.G.C. scale and the arrears arising out of the difference of pay scale as allowable to other petitioners and also consequential pensionary benefits, I make no order as to cost." 4. It is made clear that petitioners no. 1,2 and 3 shall also be entitled to the benefit of the U.G.C. scale and the arrears arising out of the difference of pay scale as allowable to other petitioners and also consequential pensionary benefits, I make no order as to cost." 4. It is not in dispute that husband of the petitioner was one of the petitioner in C.W.J.C. No. 7160 of 1991 and the aforementioned observation made in Para-10 of the judgment for refixation of his pay and also pensionary benefits as per U.G.C. pay scale were applicable for him as well, As a matter of fact, from the contents of Annexure-A to the counter-affidavit, the letter of the Science and Technology Department, it is clear that after the operative portion of the said judgment was not implemented, the writ petitioner had also filed a contempt petition being M.J.C. No. 1340 of 1996 and thereafter the State Government issued letter to the Accountant General for grant of U.G.C. pay scale to all the petitioners of C.W.J.C. No. 7160 of 1991 which of course included the husband of the present petitioner as well. In the said letter dated 20.7.1998, financial benefit was directed to be given with effect from 18.10.1991. In fact, from the letter of the Principal of Bhagalpur Engineering College dated 16.9.2004 addressed to the Accountant General Bihar it is also clear that the sanction and payment of revised pensionary benefits of the husband of the petitioner had also not been made on account of certain objections. 5. Learned, counsel for the petitioner, however, has brought to my notice the order of this Court dated 27.4.2005 passed in C.W.J.C. No. 1679 of 2000 where this issue also now has been resolved inasmuch as this Court having taken into consideration the operative portion of its earlier judgment with regard to the date of granting financial benefit has clarified that for the period from 15.10.1987 to 18.10.1991, the employee concerned will only get fixation benefit but will not be paid any amount. It will be useful to quote that portion of the judgment dated 27.4.2005 as the same will also govern the fate and future of this case. It will be useful to quote that portion of the judgment dated 27.4.2005 as the same will also govern the fate and future of this case. "The only dispute in the instant writ petition is whether the U.G.C. scale to which the petitioners became entitled to will start only from 18th October, 1991 or will start from the date the Laboratory Assistants also obtained the same in terms of the order dated 15th October, 1987. The court categorically declared that the petitioner shall be entitled to such U.G.C. scale as has been granted to the Laboratory Assistants by the order dated 15th October, 1987 but postponed the actual payment in terms thereof until 18th October, 1991. There is no dispute that after the order dated 15th October, 1987 was passed, the Government decided to give U.G.C. scale to Laboratory Assistants with effect from 1st April, 1973 but the actual financial benefits with effect from 1st April, 1975. The court directed this to be made available to the petitioners and, accordingly, the petitioners also became entitled to the U.G.C. scale with effect from 1st April, 1973 but they became entitled to draw the financial benefit of such scale only with effect from 18th October, 1991, In other words, if the said scale is applied with effect from 1st April, 1973 to the petitioners the benefits accrued in terms thereof until 1.8th October, 1991. would be made available to the petitioners with effect from 18th October, 1991. The petitioners shall not be entitled to the actual financial benefit of such scale prior to 18th October, 1991. In other words, the petitioners shall be entitled to yearly increments right from 1st April, 1973 and after such increments are added it has to be determined as to what the petitioners were entitled on 18th October, 1991 and to pay the same to the petitioners. This having not been done, it is declared that by reason of the said judgment, which has reached finality, the petitioners have become entitled to what has been stated above. Let the same be made available to the petitioners as quickly as possible but not later than fourteen weeks from the date of service of a copy of this order upon respondent no. 2, Director, Science and Technology Department, Government of Bihar." 6. Let the same be made available to the petitioners as quickly as possible but not later than fourteen weeks from the date of service of a copy of this order upon respondent no. 2, Director, Science and Technology Department, Government of Bihar." 6. In view of the fact that this Court on two occasions has held that the husband of the petitioner was also entitled for grant of U.G.C. pay scale and had also directed to refix the pay and pensionary benefits, nothing more remains to be adjudicated in this case. 7. Consequently, the respondents are directed to refix the pension of the husband of the petitioner and consequently family pension of the petitioner in terms of the judgment dated 2.11.1995 passed in C.W.J.C. No. 7160 of 1991 read with the judgment dated 27.4.2005 passed in C.W.J.C. No. 1679 of 2000, They are further directed to pay the consequential pensionary benefits being difference of amount of pension and/or family pension, gratuity to the petitioner within a period of four months from the date of receipt/production of a copy of this order. 8. With the aforementioned direction and observation this writ application is disposed of.