LAWS(SC)-2013-6-3

SANCHARI DEVI Vs. ARA MUNICIPAL CORPORATION

Decided On June 25, 2013
Sanchari Devi Appellant
V/S
Ara Municipal Corporation Respondents

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are against the judgment dated 4th March, 2009 of the Division Bench of the Patna High Court in L.P.A. Nos. 863 and 914 of 2007.

(3.) The facts very briefly are that Ramashish Prasad and Vishwanath Ram were working with the Ara Municipal Corporation. Ramashish Prasad superannuated on 31st August, 1996 and Vishwanath Ram superannuated on 31st March, 1999. While they were working in the Ara Municipal Corporation, the Bihar Municipal Officers and Servants Pension Rules, 1987 (for short 'the Rules') came into effect. The Rules were to apply to all permanent employees of the Municipalities and Notified Area Committees in the State of Bihar. The Ara Municipal Corporation, however, did not give effect to the Rules until 19th June, 2004 on which date it adopted resolution to give pensionary benefits to its employees who had retired from service from the year 2000 onwards in accordance with the Rules.