M.Y. Eqbal, J.

1. Heard the counsel for the petitioner and three sets of lawyers appearing on behalf of the respondents.

2. The matter relates to payment of retirement benefits including pension. The respondents are contesting the matter as if pension is a charity or bounty or gratuitous payment. The concept of pension is now well-known and has been clarified by the Supreme Court time and again. It is not a charity or bounty nor is it a gratuitous payment solely dependent on the whim or sweet will of the employer as it is earned for rendering long service and is often described as deferred portion of compensation for past services. It is, in fact, in the nature of social security plan to provide for the december of life of a superannuated employee. Such social security plans are consistent with the social economic requirements of the Constitution when the employer is a State within the meaning of Article 12 of the Constitution.

3. The petitioner was appointed as a lecturer in 1955 in Godda college. After serving for about 38 years the petitioner retired on 7.2.93 as University Professor from the said college. After retirement the petitioner was getting pension but in August, 2001 pension of the petitioner was stopped without assigning any reason. Petitioners case is that Godda college was under Sidhu Kanhu University, Dumka from where the petitioner retired and, therefore, he is entitled to get pension from Sidhu Kanhu University and the State of Jharkhand.

4. In the counter affidavit filed by respondent Nos. 1 and 2, namely, Sidhu Kanhu University and its Vice Chancellor, it is stated that Sidhu Kanhu University was established in the year, 1992 and Godda college is under Sidhu Kanhu University. However, pension of the petitioner has been paid by respondent No. 5, Tilka Manjhi Bhagalpur University till July, 2001 i.e. even after creation of the State of Jharkhand. It is, therefore, stated that pension is payable by Tilka Manjhi Bhagalpur University and the State of Bihar.

5. In the counter affidavit filed by the State of Bihar it is stated that teaching and non-teaching staff of Sidhu Kanhu University will be entitled to post retirement benefits from Sidhu Kanhu University who superannuated after establishment of Sidhu Kanhu University. The petitioner retired on 7.2.1993 from Godda college which was under Sidhu Kanhu University which now falls within the territory of Jharkhand State, it is further stated that the petitioner is not entitled to any post retirement benefit from his parent University i.e. Tilka Manjhi Bhagalpur University as he superannuated from service after creation of Sidhu Kanhu University.

6. The State of Jharkhand filed counter affidavit in this case only after this Court passed order directing the Secretary, Higher Education, Govt. of Jharkhand to file explanation as to why counter affidavit could not be filed despite specific direction given by this Court. In the counter affidavit filed by the Secretary, Higher Education, Govt. of Jharkhand it is stated that pension of the petitioner is payable by Tilka Manjhi Bhagalpur University which is under the jurisdiction of Govt. of Bihar and for that the Government of Bihar has been approached vide letter No. 76 dated 30.2.2002 with a request to continue payment of pension to the petitioner.

7. From the pleadings of the parties the admitted facts which emerge are that Godda college was previously under Tilka Manjhi Bhagalpur University. In 1992 Sidhu Kanhu University was established at Dumka and all the colleges including Godda college came under Sidhu Kanhu University. The petitioner retired on 7.2.1993 from Godda college which was then under Sidhu Kanhu University. However, the petitioner was paid pension from the parent University Le. Tilka Manjhi Bhagalpur University because Sidhu Kanhu University was then simply established. Both the Universities were within the jurisdiction of State of Bihar. After bifurcation of the State of Bihar and creation of the State