The main legal point established in the judgment is that the respective Boards should pay the pensionary dues and arrears to the employees, retired/retiring from the areas now falling under their jurisdiction, subject to final accounting/adjustment of their liabilities.

S.J. Mukhopadhaya, J.

1. The petitioners of all the abovementioned writ petitions were in the service of the erstwhile Bihar State Electricity Board, Patna (hereinafter to be referred as 'Erstwhile State Electricity Board1). They retired prior to creation of Jharkhand State Electricity Board, Ranchi (hereinafter to be referred as (J.S.E.B.) and present Bihar State Electricity Board, Patna (hereinafter to be referred as 'B.S.E.B.') i.e. prior to 1st April, 2001. They had been getting their pensions after retirement but after the creation of the said separate Board i.e. J.S.E.B. and 'B.S.E.B., payments or pensions have been suddenly stopped since June, 2005. The two Boards are now passing buck on one another for the financial liability to be born in paying previous and other dues of the petitioners. However, both the Board have admitted that the petitioners are entitled to get pension and other benefits as they are retired employees of the erstwhile State Electricity Board. The only dispute is regarding liability of payments of the dues and pensions of the petitioners, which they respectively deny and which ultimately culminated into the stoppage of pension of the petitioners leaving them to lurches in their old age.

2. Taking into consideration the aforesaid background, all the case were heard together and are being disposed of by this common order at the admission stage itself with the consent of the parties.

3. For determination of the issues involved in these cases, it was first relevant to know as to whether the liabilities of erstwhile State Electricity Board has been finally apportioned between the two Boards. Nobody could clearly answer as to whether the assets and liabilities have been finally apportioned between the two Electricity Board. While both of them accept that final notification for apportionment of assets and liabilities has been issued by the Central Government, it was argued that the apportionment in respect of some of the liabilities is not final, particularly staff payment liabilities and current liabilities, including the one in question are to be apportioned between the B.S.E.B. and J.S.E.B. after each financial year, which may take about 30 to 35 years. Lengthy arguments have been advanced on behalf of the parties relating to apportionment of assets and liabilities, but we are concerned with the main issue, involved in these cases, namely:

Which Board i.e. Bihar State Electricity Board Patna (B.S.E.B.) or Jharkhand State Electricity Board, Ranchi (J.S.E.B.) is liable to pay pension and other benefits to the employees, who retired from the services of the erstwhile State Electricity Board prior to 1st April, 2001?

4. We are told that a suit is pending before the Supreme Court, involving inter State dispute regarding apportioned of assets and liabilities of the erstwhile State Electricity Board and it was suggested to await the final decision in the said suit. But in view of the nature of plight of the petitioners, who are put to starvation and penury by stopping their pension, and the issue being "who is liable to pay pension", this decision is being rendered, subject to final decision and decree of the Supreme Court in regard to apportionment of assets and liabilities.

5. Before proceedings to decide the issue, it is necessary to notice the relevant facts of each case; relevant circulars and orders issued from time to time by the Central Government, B.S.E.B., J.S.E.B. etc. and the provisions of the Bihar Re- organization Act, 2000 (hereinafter to be referred as the 'Act, 2000').

Individual case of the writ petitloner(s):

6. W.P.(S) No. 4887 of 2005 : Ak-hileshwar Prasad, petitioner in the present case, was in the services of the erstwhile State Electricity Board and retired on 31st of January, 2001 as Electrical Executive Engineer from M.R.T. Division, Ranchi. His pension was finalized by the erstwhile Board and he received that same till May, 2005. Since June, 2005 he is not getting pension. He received