The liability for pension or any revised pension for those who had retired prior to the creation of the State of Jharkhand rests with the State of Bihar, and the petitioner is guided by the decisions/circulars of the State of Bihar.

JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard Mr. Vijay Bahadur Singh, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Pratyush Kumar, learned counsel appearing on behalf of the respondent nos.3 and 4.

3. Heard Ms. Divya, learned counsel appearing on behalf of the respondent-State of Jharkhand.

4. Heard Mr. Binit Chandra, learned counsel appearing on behalf of the State of Bihar.

5. This writ petition has been filed for the following reliefs:

“(i) For restoration of status of the petitioner as the pensioner of the territories of state of Jharkhand and continue to be governed by the rules, regulation and benefits admissible with state of Jharkhand.

(ii) For issuance of an appropriate writs, orders, directions or writ in the nature of mandamus for adherence of Rule 53 Schedule 8 Para 3 of the Bihar Re-organization Act 2000 in dealing with the case of petitioner as petitioner superannuated prior to appointed day of Re-organization of State of Bihar from the Institute situated in the territories of state of Jharkhand.

(iii) For issuance of an appropriate writs, orders, directions or writ in the nature of mandamus or in the nature there of for payment of arrears of pension amounting to Rs. 25,269/- (Rupees Twenty Five Thousand and Two Hundred and Sixty Nine) medical allowance @ Rs. 300/ per month and payment of Restoration of pension with effect from the date of completion of 15 years of service from ‘superannuation’ i.e. with effect from August 2012 and not from September 2012 with interest.”

6. The learned counsel for the petitioner submits that the petitioner has retired on 31.01.1997 from the services in Bihar Tribal Welfare Research Institute Ranchi as Assistant Director and thereafter he was receiving his pension as per law. In the meantime, State of Jharkhand was created on 15.11.2000 and the State of Jharkhand had issued a letter dated 04.09.2009 (Annexure-8 filed with the rejoinder) and accordingly, the petitioner is entitled for the arrears in terms of the said letter issued by the State of Jharkhand. The learned counsel has submitted that the issue involved in the present case is as to whether the petitioner is entitled for arrear of revision of pension as per the law applicable in the State of Jharkhand and as per the norms of the Annexure-8 annexed with the rejoinder, the arrears of revised pension is required to be paid from 01.01.2006. The learned counsel has also submitted that in the main writ petition, the petitioner has relied upon Rule 53 of Schedule 8 Para 3 of Bihar Re-organization Act and he submits that the persons, who have retired even before creation of State of Jharkhand from the area falling within the territory of the present State of Jharkhand are to be governed by various decisions of the State of Jharkhand. He has also relied upon a judgment passed by Hon’ble Division Bench in W.P. (S). No. 2859 of 2004 dated 22.12.2006 to submit that in view of the said judgment, the entire amount as claimed by the petitioner in terms of Annexure- 8 to the rejoinder is payable by State of Jharkhand and accordingly, this writ petition is fit to be allowed. As per the petitioner, the arrear of pension comes to Rs. 25,269/-.

7. Learned counsel appearing on behalf of the State of Bihar has submitted that the State of Bihar through the Finance Department has filed a detailed counter-affidavit dated 04.08.2014 in the present case and as per the counter-affidavit, the petitioner, who retired from service from undivided State of Bihar is the pensioner of State of Bihar and as per the State of Bihar, 6th Central Pay Commission recommendation has been implemented w.e.f. 01.04.2006 in principle and actual benefit has been given only from 01.04.2007, hence the claim of arrear of pension for the period from 01.01.2006 to 31.03.2007 i.e. Rs. 25,269/- is not payable and also medical allowance in State of Bihar is Rs. 100/- per month whereas in State of Jharkhand is Rs. 300/- per month up to January, 2012 which was wrong