JUDGMENT :

1. Heard the parties.

2. Petitioners have approached this Court with a prayer for a direction upon the respondents to immediately and forthwith pay the arrear of revised pension as per 6th Pay Revision for the period from 01.01.2006 to 31.03.2010 with statutory interest.

3. Shorn of unnecessary details, all the members of petitioner No. 1 were duly appointed by Ranchi University and after serving for more than 30 years in GL.A. College, Daltonganj under the Ranchi University and on attaining the age of superannuation, they have already been superannuated. It is further stated that GL.A. College is a Constituent College and it was initially under the Ranchi University, Ranchi. However, upon bifurcation of Ranchi University, Nilamber Pitamber University came into existence w.e.f. 17.01.2009 and G.L.A. College Daltonganj became a constituent unit of newly created Nilamber Pitamber University. It is the specific case of the petitioner-Association that all of its members have retired much prior to 2009 and as such Ranchi University, Ranchiis liable to pay arrears of revised pension under 6th PRC. By memo No. 660/A dated 28.02.2009, the Govt. of Jharkhand implemented the recommendations of 6th Pay Revision Commission and consequently, the pay and pension of the teachers working in different Universities of the State of Jharkhand were fixed/revised. However, due to delay in implementation of the recommendation of 6th PRC, though the notional fixation of pension was done w.e.f 01.01.2006 but actual payment were made w.e.f 01.04.2010 and as such arrear of revised pension for the period from 01.01.2006 to 31.03.2010 were not paid to them.

4. It is further case of the petitioners that teachers of the Birsa Agriculture University, Ranchi who have retired prior to 01.01.2006 were paid the revised pension and arrears accrued thereupon from 01.01.2006 to 31.03.2010 vide notification issued under memo No. 3280 dated 07.11.2012 but in case of present petitioners they have been deprived from getting the arrears of revised pension under 6th PRC for 51 months in most arbitrary way for the reasons best known to the respondents. The members of the petitioner-Association though submitted several representations before the respondent-authorities for payment of arrears of revised pension for the period from 01.01.2006 to 31.03.2010 but till date no action has been taken by the respondents in this regard. Hence, the petitioners have been constrained to knock the door of this Court for redressal of their grievances.

5. Mrs. I. Sen Choudhary, learned counsel appearing for the petitioners submits the respondents cannot deny the payment of arrears of revised pension payable under 6th PRC on frivolous ground of financial crisis. Learned counsel further argues that members of petitioner No.1 are Septuagenarian retired Professors or widows of deceased Professors and are running from pillar to post for more than one decade for getting their legitimate claim and it is unfortunate that the respondents in a whimsical manner are not paying the same to these Septuagenarian retired teachers who have put in about 35 years of their golden time in teaching and guiding the students for making their future bright. Learned counsel submits that Respondent-State has extended the benefits of 6th PRC to similarly situated retired teachers of the Birsa Agriculture University and arrears of revised pension for the entire period has already been paid to them vide notification issued under memo No. 3280 dated 07.11.2012 but in most arbitrary and discriminatory manner payment of arrears of revised pension for the period from 01.01.2006 to 31.03.2010 to the present petitioners has been denied which is violative of Articles 14 and 16 of the Constitution and the respondents are bound to pay the legitimate dues of the petitioners. Learned counsel further argues that the Hon'ble Apex Court in case of State of Rajasthan & Ors. Vs. Mahendra Nath Sharma, reported in (2015) 9 SCC 540