By this writ petition the petitioner, who retired as a Halka Karamchari from the State Government service on 28.02.2009, initially prayed for a direction to the State to pay death-cum-retirement gratuity to the extent of Rs.3,99,544.00 instead of Rs.2,63,835.00 as sanctioned on 07.01.2012. In course of hearing, the petitioner restricted his relief to Rs.3,50,000.00, the reason of which will be noticed later in this judgment.

2. Counter affidavit on behalf of the State and the Accountant General including supplementary counter affidavits and rejoinder are on record. At the request of the Court, Principal Additional Advocate General, Mr. Lalit Kishore, Senior Advocate assisted the Court on behalf of the State. Having heard the parties at length and with their consent, this writ petition is being disposed of at this stage itself.

3. In fairness to the learned Principal Additional Advocate General, it must be noticed that he has very fairly placed on record various resolutions of the State Government with regards to pay structure/pay scale revisions as were relevant to this case.

4. The facts are not in dispute. The petitioner’s recorded date of birth is 03rdof February, 1949. He was first appointed in Government service as a Chainman on 19.08.1971. He was made Amin on 23.11.1976 and thereafter, posted as Halka Karamchari on 01.11.1974 from which post he superannuated on 28.02.2009.

5. As noticed above, the dispute is essentially with regard to quantum of death-cum-retirement gratuity payable at the end of service. Rule-144 of the Bihar Pension Rules, 1950, inter alia, provides that after a service of not less than 10 years the amount of gratuity payable will be ½ month’s emoluments last payable for each completed six monthly period of service. It is elsewhere provided in the Rules that the maximum length of service eligible for gratuity calculation would be 33 years. Accordingly, the petitioner had the maximum service tenure of 33 years. From the discussions as made above, it would be seen that for the purposes of calculation of gratuity there are thus only two variables, i.e., the eligible service tenure and the last month’s emoluments, later which in case of petitioner would be emoluments receivable by the petitioner for the month of February, 2009. It may be relevant to state here that at the time when the petitioner superannuated there was a ceiling on the maximum amount of gratuity payable at Rs.3.50 lacs.

6. It appears that Government of India revised the pay structure/pay-scales of Central Government employees on the recommendation of the Sixth Central Pay Commission with effect from 01.01.2006. Following this, the State Government also decided to revise the pay structures/pay-scales of all State Government employees. Accordingly, the State Government vide its resolution no.11070 dated 30.12.2008 constituted a State Level Pay Committee for recommending the same in the light of the recommendations as made by the Sixth Central Pay Commission for the revised pay structure of the employees under the Central Government.

7. Apparently, while the matter was pending with the State Pay Committee as constituted on 30.12.2008, State by its resolution dated 17.01.2009 ordered for an interim increase in the emoluments payable to State Government employees with effect from 01.01.2009, subject to final recommendation by the State Level Committee and its acceptance by the State. Accordingly, the emoluments payable to the State Government employees in service as on 01.01.2009 was liable to be increased.

8. Petitioner who was in service on 01.01.2009 and, as noted above, superannuated on 28.02.2009 was thus liable to receive increased remuneration as per the interim decision of the State Government, as noted above, pending final revision upon submission of the report by the State Level Pay Committee and its acceptance by the Government.

9. It appears that while the matter of revision of pay-scale/pay structure of State Government emplo