JUDGMENT

1. The petitioners in both the cases were employees of Patna Regional Development Authority (for short PRDA) which admittedly stood dissolved and merged with the Patna Municipal Corporation (for short the Corporation) with effect from 02.02.2007. This is also not in dispute that consequent upon merger with the Corporation all employees of PRDA became the employees of the Corporation. The employees of the Corporation are entitled to pensionary benefits under statutory Patna Municipal Corporation Officers and Servants Pension Rules, 1986 (for short the PMC Pension Rules), published in Bihar Gazettee on 20.03.1987. The PMC Pension Rules came into force with effect from 01.01.1986. The sole question, which these two writ applications involve is, as to whether the employees of erstwhile PRDA, who became the employees of the Corporation in the aforesaid manner, are entitled to benefits under the PMC Pension Rules for grant of monthly pension and family pension. As the issue involved in both the cases is common, they have been heard together and are being disposed of by the present common judgment and order.

2. It is noted at the outset that this question had earlier arisen before this Court in a writ application registered as CWJC No. 14307 of 2016 and its analogous matters (Avinash Kumar Singh vs. State of Bihar). A coordinate Bench of this Court upon noticing the stand of the Principal Secretary, Urban Development and Housing Department, Government of Bihar, in response to a query made by the Corporation, had allowed the writ application by order dated 15.05.2017 with the following direction :-

"The only dispute which arises for consideration is, whether these petitioners after their absorption in the Corporation, were entitled to the benefits under 'the Pension Rule' as applicable to the Corporation employees and for which a query was made by the Municipal Commissioner by letter dated 21.1.2017 addressed to the Principal Secretary, Urban Development and Housing Department, a copy of which is placed on record vide Annexure R3/B filed on behalf of the Corporation in each of the two writ petitions, as to how the pension cases of these employees of erstwhile PRDA who have been absorbed in Patna Municipal Corporation, is to be dealt with. It is in response to the query so made by the Municipal Commissioner through his letter dated 21.1.2017, placed at Annexure R3/B, that the Urban Development and Housing Department through the Director, Municipality cum Joint Secretary has issued an advisory to the Municipal Commissioner of Patna Municipal Corporation that the cases of such of the employees who stood absorbed with the Corporation would be governed in the same manner as the permanent employees of the Corporation. A copy of such advisory dated 24.4.2017 of the Urban Development and Housing Department, Govt. of Bihar has been placed on record vide Annexure 10 to the rejoinder to the counter affidavit.

Having heard learned counsel for the parties and considering that the query whatsoever engaging the Municipal Commissioner, Patna stands satisfied in the advisory present in the letter dated 24.4.2017 vide Annexure 10, it is now for the Municipal Corporation to enforce the same and let the Municipal Commissioner, Patna take a final decision to such effect within a period of six weeks from the date of receipt/ production of a copy of this order.

The writ petitions are allowed with the directions aforementioned. "

3. The petitioner of CWJC No. 8581 of 2017 retired with effect from 30.04.2015, whereas the petitioner of CWJC No. 12169 of 2019 retired with effect from 31.08.2015. Both the petitioners have filed the writ applications under Article 226 of the Constitution of India seeking direction to the respondent-Corporation for payment of the amount arsing out of grant of Assured Career Progression (ACP) and other post retiral dues including pension under the PMC Pension Rules.

4. By way of supplementary affidavit, the petitioners have broug