CAV JUDGMENT

Date : 03-05-2023 Heard Mr. Mrigank Mauli, learned Senior Counsel assisted by Mr. Prince Kumar Mishra, learned Counsel appearing on behalf of the petitioner and Mr. Prabhakar Jha, learned GP-27 appearing on behalf of the State.

Re: I.A. No. 9233 of 2018

2. An Interlocutory Application No. 9233 of 2018 has been filed for amending the relief(s) sought thereto and adding the following relief hereunder:-

“(I) For issuance of writ in the nature of Certiorari, quashing the resolution number 50/VI dated 15/01/2016, issued under the signature of Secretary (Expenditure). Department of Finance Government of India, whereby and where under, amendment in the resolution no. 819 dated 23/09/ 2009 has been carried out but the benefit of full pension on completion of 20 years has been given only those persons who have superannuated on or after 01/04/2007 and those employees, who retired from service after completing less than 33 year of service till 31/03/ 2007, their pension will be fixed after reducing proportionately in terms of service completed by them aforesaid distinction for grant of full pension is completely arbitrary, unintelligible and violative of article 14 of the Constitution of India as well as same is contrary to order of this 08/07/2014 (Ramadhar Sharma Vs The State of Bihar & Ors).

(II) For issuance of writ in the nature of Certiorari, quashing the resolution number 50/VI dated 15/01/2016. issued under the signature of Secretary (Expenditure), Department of Finance Government of India as same is contrary to law laid down by this Court in CWJC No.20478/2012(Ramadhar Sharma Vs The State of Bihar & Ors) whereby and whereunder this Court has been pleased to held that the requiring of 33 years for grant of pensionable service those who have retired between 1" January 2006 to 31/03/2007 is arbitrary suffers from hostile discrimination and it should be treated that Petitioner would be entitled to full pension on completion of 20 years of pensionable service which is available to those who have retired after 23 September 2009.”

3. For the reasons stated in the application and the affidavit, the prayer for amending the relief is allowed. 4. Accordingly, I.A. No. 9233 of 2018 stands allowed.

5. The petitioner filed present writ petition inter alia for the following relief(s):

“a) For issuance of a writ/writs or order/orders in the nature of mandamus directing the Respondent to pay the full pension of the Petitioner considering the eligibility to full pension as 20 years- in view of the Judgment of this Hon’ble Court passed in C.W.J.C. No. 20478 of 2012. b) For issuance of a writ in the nature of mandamus directing the Respondent to recalculate the entire pensionary dues and clear the same with statutory rate of interest.

c) Pass such other order(s), writ(s) and grant such other relief(s) as your lordship may deem fit and proper.”

6. In the instant writ petition, the petitioner has claimed that he is entitled for the full pension after completion 20 years of service, in light of notification dated 23.09.2009 of the State Government.

7. The petitioner was appointed as teacher on 21.02.1974 and had superannuated from the post of Headmaster on 28.02.2006. He is aggrieved by order of the concerned respondents, who have extended proportionate pension, treating the minimum pensionable service as 33 years. The admitted case is that the petitioner had served for around 32 years.

8. Learned Counsel appearing on behalf of the petitioner submitted that the petitioner was appointed as Teacher on 21.02.1974 and retired as Headmaster, P.D. High School, Jamalpur, Munger on 28.02.2006 after completing 20 years of service but has been given pension proportionately, treating minimum 33 years as pensionable service for full pension. He further submitted that the Government of Bihar vide notification dated 23.09.2009 took policy decision giving reference of letter of Central Government issued vide Memo NO. 38/37/08-P&P W(A) dated 02.09.2008, that perso