The main legal point established in the judgment is the entitlement of the petitioner, as the Chairman of the BPSC, to receive full pension and interest on delayed payment of pension and leave salary.

ASHWANI KUMAR SINGH, J.

1. Heard the parties.

2. The instant writ petition has been filed for the following reliefs:-

(i) For quashing decisions/orders (i) dated 23.08.2005 (Annexure-19) (ii) dated 04.01.2007 (Annexure-21) and (iii) dated 20.08.2010 (Annexure-42) passed by the Secretary, Department of General Administration rejecting the claim of leave salary and lien contribution.

(ii) For issuance of appropriate writ commanding the respondent nos. 1, 2, 3, 4 and 6 to pay the leave salary of 180 days as admissible under Regulation 6(3)(i) of the Bihar Public Service Commission (Conditions of Service) Regulations, 1960 (for short the Regulation 1960).

(iii) For issuance of appropriate writ commanding the respondent nos. 1, 2, 3 and 6 to pay retirement pension as admissible under Regulation 12 of the Regulation 1960.

(iv) For issuance of appropriate writ commanding the respondent nos. 1, 2, 3 and 6 for payment of lien contribution towards various heads to the Indian Institute of Technology, Kharagpur against deputation on lien in lieu of utilizing the service of the petitioner by the Bihar Public Service Commission (for short BPSC).

(v) For issuance of appropriate writ commanding the respondent nos. 1, 2, 3 and 6 to pay the interest at the rate of 12% compounded annually on the admissible leave salary, contribution towards various heads against arrear salary and arrear pension with effect from 25.01.2003.

(vi) For commanding respondent nos. 1, 2, 3 and 6 to revise pension pursuant to 6th pay revision as they have already revised the pay from Rs. 26,000/- to Rs. 80,000/- vide notification No. 7/PSC-7-06/05-P-7400 dated 29.07.2009.

(vii) For issuance of appropriate writ commanding respondent nos. 1, 2 and 3 to change the effective date of correction notified vide order no. 7/PSC-7-06/05 P-9653 dated 03.09.2008 from 03.09.2008 to 01.04.1997 and consequent to the aforesaid change, pay the arrear salary arising out of correction of the pay from Rs. 24,500/- per month to Rs. 26,000/- per month from the period between 01.04.1997 and 24.01.2003.

(viii) For issuance of appropriate writ commanding respondent nos. 8, 9 and 10 to pay litigation cost.

3. Be it noted that so far as the grievance of the petitioner in respect of leave salary of 180 days is concerned, it is admitted by the petitioner that the same has already been paid during pendency of the writ petition and thus stands redressed.

4. In brief, the case of the petitioner is that he started his career in IIT Kharagpur in 1966 as Lecturer of Electrical Engineering. Consequently, he was selected for the positions of Senior Lecturer, Assistant Professor, Associate Professor and Professor. In 1992, he was appointed the Dean of the IIT Kharagpur. Subsequently, he was appointed on deputation Principal of the Regional Institute of Technology (RIT), Jamshedpur for three years, where he joined on 06.07.1995. He was granted lien by the IIT Kharagpur from 06.07.1995 to 05.07.1998. While the petitioner was with RIT, Jamshedpur, he was called by the office of the Hon'ble Governor of Bihar pursuant to which he appeared before the Secretary to the Hon'ble Governor and was handed over office order dated 24.01.1997 appointing him the Chairman of the BPSC under Article 316 of the Constitution of India. He was directed by the Hon'ble Governor to join the post immediately due to the chaotic conditions prevailing in the BPSC where every member was claiming to be acting Chairman and issuing orders in that capacity. Under such a peculiar situation, he joined the BPSC on 25.01.1997 and started functioning. He could not go to RIT, Jamshedpur to hand over the charge personally. He did so telephonically. He handed over the letter of resignation from the post of Principal to the Chairman, Board of Governors of RIT, Jamshedpur, who resided in Patna. His service was made available by his present employer IIT, Kharagpur to the BPSC on the same terms as it was at RIT, Jamshedpur and the Registrar of the IIT Khar