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2013 Supreme(Pat) 1109
IN THE HIGH COURT OF JUDICATURE AT PATNA
SAMARENDRA PRATAP SINGH, J.
Urmila Devi & Anr.
Prof.Satyendra Singh & Ors.
Maya Jaiswal & Ors. - Petitioner/s
Versus
The State Of Bihar through the Secretary Department of Personnel and Administrative Reforms, Government of Bihar, Patna
The Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna & Ors.
The State Of Bihar through its Principal Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna & Ors. - Respondent/s
Civil Writ Jurisdiction Case No.4471, 3652 of 2010 and 6274 of 2011
Decided On : 9.10.2013
Important Points
Subject
Pension Law - Government Pension Regulations
Act Referred
SERVICE LAW : .
Headnote
Pension - Bihar Public Service Commission - Regulations 4 and 12 - The court considered the denial of revised pension to Members and Chairman who retired prior to the cut-off date, the entitlement to enhancement of pension vis-a-vis revision of pay, and the denial of Dearness Allowance on pension. The court held that the cut-off date for granting revised pension was reasonable and not arbitrary, and Members retiring prior to the cut-off date were not entitled to revised pension. The court also directed the State to grant Dearness Relief to the petitioners as per its promise contained in the resolution dated 17.2.1983 reiterated on 31.3.1989.
Fact of the Case:
The case involved six writ applications regarding the denial of revised pension to Members and Chairman of the Bihar Public Service Commission who retired prior to the cut-off date, the entitlement to enhancement of pension vis-a-vis revision of pay, and the denial of Dearness Allowance on pension. The petitioners sought quashing of a communication denying revised pension, revision of pension, and Dearness Relief on the revised pension.
Finding of the Court:
The court found that the cut-off date for granting revised pension was reasonable and not arbitrary, and Members retiring prior to the cut-off date were not entitled to revised pension. The court also directed the State to grant Dearness Relief to the petitioners as per its promise contained in the resolution dated 17.2.1983 reiterated on 31.3.1989.
Issues: The issues before the court were whether the government can fix a cut-off date denying revised pension to Members and Chairman who have retired prior to the cut-off date, whether a Member or a Chairman of the Commission can claim enhancement of pension vis-a-vis revision of pay as a matter of right, and whether the denial of Dearness Allowance on pension would be violative of Articles 14, 16, and 21 of the Constitution of India.
Ratio Decidendi: The court held that the cut-off date for granting revised pension was reasonable and not arbitrary, and Members retiring prior to the cut-off date were not entitled to revised pension. The court also directed the State to grant Dearness Relief to the petitioners as per its promise contained in the resolution dated 17.2.1983 reiterated on 31.3.1989.
Final Decision: The court allowed the writ applications to the extent of directing the State to grant Dearness Relief to the petitioners as per its promise contained in the resolution dated 17.2.1983 reiterated on 31.3.1989.
(In CWJC No.4471 of 2010)
For the Petitioner/s: Mr. A.B.Ojha Mr. Sriniwas Jha Mr. Sudhir Kumar Jha Mr. Nitesh Kumar
For the Respondent/s: Mr. (Sc17) Mr. S.M.Ehtesham Mr. Ashok Kumar Choudhary Mr. J.P.Karn Mr. Sanjay Pandey
(In CWJC No.3652 of 2010)
For the Petitioner/s: Mr. A.B.Ojha Mr. Bharat Bhushan Mr. Sriniwas Jha
For the Respondent/s: Mr. (Gp18) Mr. J.P.Karn Mr. Sanjay Pandey Mr. Kumar Brajendra Nath Mr. Amar Nath Singh
(In CWJC No.6274 of 2011)
For the Petitioner/s: Mr. Awadh Bihari Ojha
For the Respondent/s: Mr. Jaishankar Barnwal
Earlier six writ applications bearing C.W.J.C. Nos.4471 of 2010, 3652 of 2010, 13973 of 2008, 7408 of 2007, 7454 of 2007 and 6274 of 2011 were taken up for hearing together. In course of hearing Dr. Ram Ashish Singh, petitioner of C.W.J.C. No.13973 of 2008, Dr. Keshava Prasad Singh, petitioner of C.W.J.C. No.7408 of 2007 and Prof. Satyendra Singh, petitioner of C.W.J.C. No.7454 of 2007 withdrew their writ applications on 9.9.2013 without prejudice as subsequently they preferred another writ application bearing C.W.J.C. No.3652 of 2010 with more composite reliefs. One Dr. M. Mohiuddin has also joined them as a party. Thus, here remained three writ applications namely C.W.J.C. No.4471 of 2010, C.W.J.C. No.3652 of 2010 and C.W.J.C. No.6274 of 2011 which were heard on different dates and are being disposed of by this common order.
2. During the pendency of these writ applications, the sole petitioner of both C.W.J.C. No.4471 of 2010 and C.W.J.C.No.6274 of 2011, namely Dr. Janardan Kumar and Mahendra Prasad Jaiswal passed away on 3.8.2010 and 8.9.2012 respectively. They have been substituted by their respective heirs. Late Dr. Janardan Kumar has been substituted by his wife Urmila Devi and his son namely Pushkar Kumar, whereas Late Mahendra Prasad Jaiswal has been substituted by his wife Maya Jaiswal and his two sons namely Rajesh Shivam and Ashim Sundaram.
3. The writ petitioners have prayed for the following reliefs:
(i) quashing of the communication bearing no.7340 dated 18.7.2007issued by the Deputy Secretary, Department of Personnel & Administrative Reforms, Government of Bihar by which it was clarified that revised pension would be applicable in case of only the Chairman and Members of the Bihar Public Service Commission (in short “the Commission”) whose salary were revised. In other words, the Chairman or Member who retired prior to revision of salary and pension would not be entitled to revision in pension;
(ii) The petitioners further pray for revision of pension to the tune of Rs.11,700/- per month equivalent to Rs.1,40,400/- per annum which is equal to 1/6th of Basic annual pay of the Members of the Commission along with its arrears and compensatory interest @ 18% per annum from the due date;
(iii) The petitioners also pray for Dearness Relief on the revised pension at par with the rate admissible to retired government servant w.e.f. 1.4.2007 after merger of 50% of Dearness Relief. All the petitioners were appointed as Members of the Commission some time between 27.11.1980 to 5.9.1991. A brief chart showing the date of their joining and superannuation is given below:
Case No. Name Designation Date of Joining Date of Relinquished
CWJC No.4471 of 2010 Dr. Janardan Kumar Member 21.11.1980 20.11.1986
CWJC No.3652 of 2010 Prof. Satyendra Singh Member 5.9.1991 4.9.1997
CWJC No.3652 of 2010 Dr. Keshava Pd. Singh Member 3.2.1992 2.2.1998
CWJC No.3652 of 2010 Dr. M. Mohiuddin Member 30.4.1983 30.4.1989
CWJC No.3652 of 2010 Dr. Ram Ashish Singh Member 9.8.1996 9.8.2002
CWJC No.6274 of 2011 Dr. Mahendra Pd. Jaiswal Member 14.7.1987 31.12.1991
4. On thing runs common in respect of the petitioners that all of them were in University service prior to joining as Members of the Commission. It would be relevant to give some more details about the petitioners which is as follows:
(i) Dr. Jitendra Kumar, the original petitioner in C.W.J.C. No.4471 of 2010 was serving as Principal when he was appointed as Member of the Commission where he remained for full term of six years from 21.11.1980 to 20.11.1986. After completing his tenure, he joined the University service from where he retired on 31.12.1992.
(ii) Similarly, Prof. Mahendra Prasad jaiswal was appointed as Member of the Commission where he remained for over 4 years from 14.7.1987 to 31.12.1991. Prior to appointment as Member of the Commission, Dr. Jaiswal was serving as University Professor in Bihar University. Dr. Jaiswal eventually retired from the service on 31.12.1991, the da
