STATE OF BIHAR Vs. RAJMATI DEVI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 11/4/2017 passed by the Division Bench of the High Court of Judicature at Patna in Letters Patent Appeal No. 1099/2016, by which, the Division Bench of the High Court has dismissed the said appeal preferred by the State and has confirmed the judgment and order dtd. 2/9/2015 passed by the learned Single Judge holding that respondent No. 1 being widow of the deceased employee would be entitled for grant of family pension from the date of death of her husband, the State of Bihar has preferred the present appeals.

(2.) The husband of respondent No. 1 herein joined the Bihar Research Society, an autonomous society registered under Societies Act, as a peon. The said society was taken over by the Government of Bihar vide Bihar Research Society (Taking Over) Act, 2007. By resolution dtd. 31/8/2005, the State abolished the Old Pension Rules i.e., Bihar Pension Rules, 1950 and replaced the same with New Pension Scheme i.e., Bihar Government Servant Contributory Pension Scheme, 2005, w.e.f. 1/9/2005. As per the New Pension Scheme, the employees appointed after 31/8/2005 shall be governed by the new contributary pension scheme under which the government employees appointed after 31/8/2005 shall not be entitled to the pension/family pension. The Bihar Research Society (Taking Over) Act, 2007 (hereinafter referred to as the Act, 2007) came into force on 2/3/2009 resulting in taking over of the Institute/Society where the husband of respondent No. 1 was working. The husband of respondent No. 1 died on 23/3/2013 while in service. The employees of the aforesaid Society were taken into government service vide order dtd. 25/3/2014 w.e.f. 2/3/2009. A corrigendum came to be issued by the State of Bihar amending the employment order dtd. 25/3/2014 substituting the word "appointed" with the word "absorbed". Clause 6 was inserted by the corrigendum stating that prior to date of acquisition, the service would not be calculated as government service. That respondent No. 1 filed the writ petition before the High Court praying for family pension and other retiral benefits. By judgment and order dtd. 2/9/2015, the learned Single Judge allowed the said writ petition and directed the State to pay the family pension to respondent No. 1 from the date of her husband's death i.e., 23/3/2013.

(3.) Learned counsel appearing on behalf of the appellant has vehemently submitted that pension and family pension was available to the employees of the State Government who were governed by the Old Pension Rules. It is submitted that when the husband of respondent No. 1 was absorbed in the year 2014 w.e.f. 2/3/2009, the Old Pension Rules were abolished and the New Contributory Pension Scheme was replaced. It is submitted that therefore, the Old Pension Rules were not applicable to the husband of respondent No. 1 and therefore, respondent No. 1 shall not be entitled to the family pension under the Old Pension Rules.