Point of Law: Pension scheme-petitioners having admittedly received the entire CPF amount along with the due interest without any demur or protest, upon their retirement, they cannot be permitted to retract now at this belated stage.

JUDGMENT :

The aforesaid two writ petitions have been heard together with consent of the parties since the issues to be adjudicated in the said cases are the same, hence are being disposed off by the present common judgment.

2. The aforesaid two writ petitions have been filed seeking a direction upon the respondents to apply the pension scheme and grant pension and other pensionary benefits in accordance with Bihar Pension Rules to the petitioners.

3. The petitioners of the first case have also prayed for quashing of the order contained in Memo No. 2621 dated 17.09.1983 issued by the Regional Development Commissioner-cum-Chairman, Sone Command Area Development Agency, Patna, whereby and whereunder the concerned authorities of the Agency have been directed to maintain the contributory provident fund accounts of the employees of the Sone Command Area Development Agency.

4. The facts not in dispute are that the petitioners had been appointed on different posts in the year 1975 or thereafter with the Sone Command Area Development Agency, which had subsequently stood merged with the Water and Land Management Institute (herein after referred to as the "WALMI") in the month of September, 2018 and the said employees have also stood superannuated after attaining the age of 60 years. The petitioners are stated to have been paid the contributory provident fund amount, the gratuity amount, group insurance amount and the amount of leave encashment. The only grievance of the petitioners is that they are not being paid pension.

5. The learned counsel for the petitioners Shri Vindhyachal Singh has submitted that the second meeting of the Sone Command Area Development Authority was held on 07.02.1974 at 10:00 A.M. in the office of the Commissioner, Patna Division, Patna and vide Agenda No. 4 it was decided that as far as the service rules of the employees of the Sone Command Area Development Authority is concerned, the following rules shall be made applicable:-

(i) Bihar Service Code

(ii) Bihar T.A. Rules

(iii) G.P. Fund Rules

(iv) Bihar Financial Rules

(v) Bihar Treasury Rules

(vi) Bihar Treasury Code

(vii) Pension Rules

6. The learned counsel for the petitioners has submitted that in the said meeting of Sone Command Area Development Authority, even the Chief Secretary of the Government of Bihar and other important high up officials of the Government of Bihar were present. Thus the Sone Command Area Development Authority had taken a conscious decision to make the provisions of the pension rules applicable to its employees, hence the petitioners are entitled to grant of pension. The learned counsel for the petitioners has further submitted that the Chairman, Sone Command Area Development Authority had also issued an order dated 22.06.1974 wherein it was stipulated that the following rules shall be applicable upon its employees:-

(i) Bihar Service Code

(ii) Bihar T.A. Rules

(iii) G.P. Fund Rules

(iv) Bihar Financial Rules

(v) Bihar Treasury Rules

(vi) Bihar Treasury Code

(vii) Pension Rules

7. The learned counsel for the petitioners has also submitted, by referring to the Bihar Agricultural and Rural Area Development Agency Act, 1978 (herein after referred to as the "Act, 1978"), that vide Section 3 thereof, the State Government had constituted agencies for the integrated rural and agricultural development of the command areas of irrigation project and/or such other areas as the State Government may, by notification in the official gazette, specify. Consequently, Sone Command Area Development Agency, Gandak Command Area Development Agency and Koshi Command Area Development Agency were constituted.

8. The learned counsel for the petitioners has also referred to Section 38 & 39 of the aforesaid Act, 1978, which stipulates the Rule/Regulation making power of the State Government and it also provides that the State Government may authorize framing of regulations regarding conditions of services of the officers and servants of the agencies which shall be published in t