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2014 DIGILAW 209 (PAT)

Ghanshyam Singh v. State of Bihar

2014-02-11

ASHWANI KUMAR SINGH, R.M.DOSHIT

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R.M. DOSHIT, CJ.:–This petition under Article 226 of the Constitution has been filed by two officers in Bihar Judicial Service to extend the benefit of pension scheme to the petitioners. 2. The then Pension Rules prevalent in the State of Bihar have been modified under Government Notification dated 31st August 2005 effective from 1st September 2005. Under the new Contributory Pension Scheme, 2005, every person appointed in the service of the State of Bihar on or after 1st September 2005 is governed by the new Contributory Pension Scheme, 2005 (hereinafter referred to as ‘the 2005 scheme’). Petitioners claim that before joining the Bihar Judicial Service, they were employed in the civil service in the State of U.P. Their service in the State of U.P. was pensionable. Their service in the State of Bihar also should be treated as pensionable governed by the erstwhile non contributory Pension Scheme. 3. Reliance is placed on Circular dated 31st March 1982 and of 9th October 1986. Under its Circular dated 31st March 1982, the Government of India has decided that in case of employees of the Government of India taking over service in any State or vice-versa, the Government of India and the concerned State will have proportionate liability to pay pension for the pensionable service rendered under the Government of India and the concerned State. Similar reciprocal arrangement is made under Circular dated 9th October 1986. Neither of the said circulars would apply to the facts of the present case. Neither the petitioners before joining the Bihar Judicial Service were in the service of Government of India nor their service under the Bihar Government is pensionable. 4. Reliance is also placed on the Resolution dated 3rd July 2007 passed by the Government of Bihar. Under the said Resolution, the Government of Bihar has resolved that any government servant in pensionable service taking up new service under the Bihar Government on or after 1st September 2005 will continue to be governed by the old pension scheme. The said circular also shall not apply. Under the Government Resolution dated 27th June 2011, a similar benefit has been extended in respect of the employees of the Central Government taking up employment under the State of Bihar. Evidently, none of the said circulars or Resolutions would apply to the facts of the present case. 5. The said circular also shall not apply. Under the Government Resolution dated 27th June 2011, a similar benefit has been extended in respect of the employees of the Central Government taking up employment under the State of Bihar. Evidently, none of the said circulars or Resolutions would apply to the facts of the present case. 5. In accordance with the terms and conditions of their appointment, the petitioners are governed by the New Contributory Pension Scheme, 2005. 6. Claim made by the petitioners is bereft of any merit. Petition is dismissed.