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2006 Supreme(SC) 407

B.N.SRIKRISHNA, LOKESHWAR SINGH PANTA
State Of Bihar – Appellant
Versus
Bihar Pensioners Samaj – Respondent


JUDGMENT

Srikrishna, J.—The appellants impugn the judgment of the Division Bench of the High Court of Judicature at Patna which struck down an Act of the State Legislature styled as “The Bihar State Government Employees Revision of Pension. Family Pension and Death-cum-Retirement Gratuity (Validation and Enforcement) Act, 2001 (hereinafter referred to as the “Validation Act”) on the ground that it was enacted to frustrate, sidetrack and avoid an earlier decision of the High Court.

2. A notification Resolution No. P.C.I.-Id/S7-1853-F dated 19.4.1990, was issued by the State Government relating to provisions regulating Pension and Death cum Retirement gratuity pursuant to the recommendations of a Special Committee known as “Fitment-cum-Pay Revision Committee”. The notification declared that, after consideration the recommendations of the aforesaid Committee, the State Government, after due deliberations, had decided to revise the provisions regulating Pension. Family Pension and Death-cum-Retirement Gratuity of the State Government employees “to the effect and extent indicated in the subsequent paragraphs”. That certain benefits were made available under the said notification is common































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