JUDGMENT :

Anil Kumar Upadhyay, J.

Heard learned counsel for the parties.

1. CWJC No. 5192 of 2015 was filed by the petitioner, Dr. Himanshu Bhushan, for the following reliefs:-

(i) To hold and declare that the petitioner is entitled for getting his pension fixed as per the pay fixation provided in Table No. 5 annexed with the State Government Resolution No. 2374 dated 29.07.2010 (Annexure-2) to this writ petition.

And consequent upon such declaration

A writ in the nature of mandamus may be issued commanding the respondents concerned to re-fix the pension of the petitioner @ Rs. 25,445/- per month w.e.f. 01.01.2006 notionally, actual benefit whereof is payable from 01.04.2007.

(ii) For grant of any other relief or reliefs to which the petitioner may be found entitled to in the facts and circumstances of this case."

The other writ applications involving similar matter was tagged with CWJC No. 5192 of 2015 and the cases were heard on different dates involving the issue of pension to the teachers of the Universities and the Constituent Colleges. During the pendency of the writ applications, the State Government in the Finance Department issued Resolution No. 582 dated 17.7.2018, which was challenged by the petitioner by Interlocutory Application No. 6314 of 2018 and other such applications. Vide order dated 20.08.2018, the learned Single Judge allowed the interlocutory application as to challenge of the Resolution No. 582 dated 17.7.2018. The learned Single Judge noted that in view of the challenge as to the Resolution dated 17.7.2018, the batch of cases require adjudication by appropriate Division Bench.

2. CWJC No. 4649 of 2019 was filed by the petitioner Yogendra Prasad for the following reliefs :-

"a) Issuance of a writ in the nature of mandamus to re-fix Pension/revised pension of the petitioner at 23,200=00 P.M. which is the fifty percent of minimum pay bond plus grade pay admissible to an associate Professor after 6th pay revision w.e.f. 1.1.2006 and to grant the consequential benefits accordingly by applying Para-2(V) of the 6th Pension Revision notified by the Government on 23.09.2009 after interpreting it correctly in the light of various Courts judgments/orders including the Apex Court.

(b) For quashing of amended part of the Bihar Gazette notification dated 08.08.2012 (Annexure-8) which provides for pro-rata reduction on the basis of 33 years of qualifying service in the above provision.

(c) To direct the State Government to modify the Pension Rule in the light of notification of the Central Government dated 06.04.2016 issued by the Department of Pension and Pensioner's Welfare (Annexure-9) which is based on Court judgments/orders including the Apex Court."

3. In view of the common question of facts and law involved in CWJC No. 5192 of 2015 and analogous cases and CWJC No. 4649/2019 and analogous cases, they have been taken up together and heard on different dates. CWJC No. 4649 of 2019 was tagged with CWJC No. 13124 on 4.9.2019 and the State was granted time to file supplementary counter affidavit after examining the latest judgment of the Apex Court passed in Civil Appeal No. 10857 of 2016 (The All Manipur Pensioners Association Vs. The State of Manipur) disposed of on 11th July, 2019.

4. On 18.10.2019 a supplementary counter affidavit has been filed in which following stands have been taken in paras 3 to 15 thereof.

"3. That at the outset it is stated that the answering respondent has already filed a counter affidavit in the present case and the present supplementary counter affidavit is being filed in pursuance of the order dated 04.09.2019 passed in the present case, whereby it has been directed to examine the latest judgment of the Hon'ble Apex Court passed in Civil Appeal No. 10857 of 2016 (The All Manipur Pensioners Association Vs. The State of Manipur).

4. That it is stated that the dispute in the aforesaid All Manipur