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2009 DIGILAW 1230 (PAT)

Md. Quamrul Hoda Son Of Late M. Abu Sayeed v. State Of Bihar Through The Chief Secretary, Bihar

2009-09-11

ANJANA PRAKASH, P.K.MISRA

body2009
JUDGEMENT 1. Heard counsel appearing for the parties. 2. The petitioner had retired as a District Judge w.e.f. 30.1.1990. At that time he had been given the selection grade scale of Rs. 4,500-5,700. As per the norms he had been given the selection grade scale applicable at that point of time. 1.7.1996, on the implementation of the 5th Pay Commission and on the basis of the said Commissions report, the pension has been now revised. The State Government has taken a decision on 7.4.2005. The effect of such resolution of the Government is that those officers who had retired prior to 1.7.1996 would also be entitled to the benefit of the revised pension and the pension should not be less than 50 per cent of the scale of pay applicable to such post. 3. The grievance of the petitioner is that though he had retired as a District Judge and was getting selection grade, the revised pension is fixed by Patna High Court in view of the scale pay payable to entry level District Judge and not applicable to the District Judge in the selection grade. Apparently this conclusion has emanated from letter issued by the registry of the High Court wherein it was indicated that the revised pension would not be applicable to those who had already retired on 1.7.1996. This interpretation reflected in the letter written by the registry is obviously contrary to the Sethy Commission Report which had been accepted by the Supreme Court and is also contrary to the resolution dated 7.4.2005 of the State Government. 4. A perusal of the aforesaid order of the State Government makes it amply clear that even those who had retired prior to 1.7.1996 would be entitled to the benefit of the revised pension. In such view of the matter, the writ petition is allowed. This order may be implemented and be given effect within four months of the aforesaid direction. The necessary amount of arrears of pension shall be paid to the petitioner within a period of four months from the date of receipt of the order. 5. The State Government is directed to sanction necessary order to make payment to the petitioner by the Accountant General.