(1.) Leave granted.
(2.) We have heard the counsel for the parties. These appeals by special leave arise from the order dated December 18, 1991 of the Division Bench of Patna High Court at Ranchi in C.W.J.C. No.911/91.
(3.) The facts are not in dispute. Respondent No.1 appointed as a Government servant on April 13, 1955 and at the relevant time when he went on deputation he was Senior Research Assistant working in the Agriculture Department. He was transferred i.e. sent on deputation to the Rajendra Agricultural University. He tendered his resignation in 1977 and was absorbed as an employee of the University. Similarly, respondents 2-9, while working as Government servants, went on deputation to the Rajendra University and they resigned in 1981 and were absorbed as University employees. On their retirement, a question arose whether the Government is liable to pay pension and if so, to what extent. Since the Government was disowning the liability to pay pension, they approached the High Court under Article 226 of the Constitution. The stand taken by the Government was that under S.39(20) of the Rajendra Agricultural University Act, 1971 (for short, Rs. the Act'), they must be deemed to be reemployed and, therefore the State was not liable to pay any pension since they had resigned and were re-employed in the University. The Government also relied upon letter bearing No.1/A.P.G.O. 30/85 Agri. Patna dated 11-5-1990 and contended that Rule 161(b) of Bihar Pension Rules, 1950 (for short, Rs. the Rules') would stand attracted to the respondents and, therefore, the respondents are not entitled to any pension in excess of the pension calculable on the substantive pay drawn by them.