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2013 Supreme(SC) 518

A.K.PATNAIK, RANJAN GOGOI
Sanchari Devi – Appellant
Versus
ARA Municipal Corporation – Respondent


Judgment :

Leave granted.

2. These appeals are against the judgment dated 4th March, 2009 of the Division Bench of the Patna High Court in L.P.A. Nos. 863 and 914 of 2007.

3. The facts very briefly are that Ramashish Prasad and Vishwanath Ram were working with the Ara Municipal Corporation. Ramashish Prasad superannuated on 31st August, 1996 and Vishwanath Ram superannuated on 31st March, 1999. While they were working in the Ara Municipal Corporation, the Bihar Municipal Officers and Servants Pension Rules, 1987 (for short 'the Rules') came into effect. The Rules were to apply to all permanent employees of the Municipalities and Notified Area Committees in the State of Bihar. The Ara Municipal Corporation, however, did not give effect to the Rules until 19th June, 2004 on which date it adopted resolution to give pensionary benefits to its employees who had retired from service from the year 2000 onwards in accordance with the Rules.

4. Aggrieved, Ramashish Prasad and Vishwanath Ram filed Writ Petitions CWJC Nos. 3267 and 3441 of 2005 before the Patna High Court claiming appropriate reliefs. The learned Single Judge of the High Court who heard the writ petitions held in his judgmen










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