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2014 DIGILAW 180 (PAT)

Gopal Krishna Jha v. State Of Bihar

2014-02-06

ASHWANI KUMAR SINGH, R.M.DOSHIT

body2014
ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 1. This petition under Article 226 of the Constitution is filed by one Gopal Krishna Jha, a retired Judicial Officer. The petitioner, a practicing Advocate, joined the legal profession in 1979. After due selection process, on 3rd June 1997 he joined the superior judicial service in the State of Bihar as an Additional District and Sessions Judge. On reaching the age of superannuation the petitioner retired from service on 31st March 2011. Since his retirement, he has filed this petition under Article 226 of the Constitution for a direction to the State Government to make necessary amendment to the rules so as to allow some additional benefit to the pensionable service to the retired judicial officers. Petition is filed pursuant to the judgment of the Hon’ble Supreme Court in the matter of Government of N.C.T. of Delhi & Ors Vs. All India Young Lawyers Association (Registered) & Anr. [ (2009) 14 SCC 49 ]. 2. In the above matter the officers in the Delhi Higher Judicial Service claimed the benefit of addition in pensionable service for the purposes of pension and terminal benefit on the premise that before joining the judicial service they had practiced as a lawyer and that duration of the practice should be counted as pensionable service. In absence of any rule to support the claim the Hon’ble Court held, “We deem it appropriate that 10 years’ practice at the Bar or such other number of years, whichever is less, could be added while computing pension and other retiral benefits in the case of a direct recruit to the Delhi Higher Judicial Service.” 3. In answer to the petition the Government of Bihar has appeared and contested the petition. According to the Government of Bihar, pursuant to the recommendations made by Padmanabhan Committee and the observations made by the Hon’ble Supreme Court in the above judgment, the Government of Bihar has resolved to reduce the minimum qualifying service for full pension from 33 years to that of 20 years in case of judicial officers of the State of Bihar. 4. It appears that the State of Bihar has passed a resolution on 22nd December 2010 to make certain provisions in respect of the pensionable service and terminal benefits payable to the judicial officers in the State of Bihar. 4. It appears that the State of Bihar has passed a resolution on 22nd December 2010 to make certain provisions in respect of the pensionable service and terminal benefits payable to the judicial officers in the State of Bihar. The qualifying service of 33 years for full pension has been reduced to 20 years. The maximum amount of death-cum-retirement gratuity has been increased from Rs. 3.5 lakh to Rs.10 lakh. A gradual increase in pension has also been allowed after the pensioner attains the age of 80 years. Evidently, all these provisions are made pursuant to the recommendations made by the Padamanabhan Committee and the decision of the Hon’ble Supreme Court. Instead of adding 10 years of pensionable service as suggested by the Hon’ble Supreme Court, the State of Bihar has reduced the qualifying service for full pension by 13 years. 5. In our opinion, the above referred resolution dated 22nd December 2010 should mitigate the grievance of the judicial officers (retired) to a large extent. In substance, a similar relief as suggested by the Hon’ble Supreme Court has been granted by the State Government to the judicial officers in the State of Bihar. In our opinion, no further relief is required to be granted in the subject matter. Petition is accordingly disposed of.