H P BARHOLIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition field by the ex-Employees of Bank of Baghelkhand (hereinafter referred to as the Bank) established by erstwhile princely State of Rewa. After merger of the States in 1948 United State of Vindhya Pradesh was formed and thereafter w.e.f. 1.1.1950 the said amalgamation was formed into Part-C-State of Rewa.

(2.) The controversy relates to the payment of pension to the petitioners between 1.1.1986 to July, 1989. The staff of the Bank of Baghelkhand was absorbed in the State Bank of India and they served in the said institution till 23.12.1961. All public accounts of the Bank of Baghelkhand were transferred to the State Bank of India as also movable and immovable assets and obligations and liabilities were retained by the Central Govt. On retirement the petitioners were entitled to receive pension and gratuity as applicable to the Central Govt. employees. The pension papers were prepared and the petitioners received pension at the different rates. This payment continued to be paid till 1989.

(3.) It is alleged that the Accountant General raised an objection to the payment of the said pension vide Annexure-E dated 2.1.1989 stating that the employees of the Bank were act entitled to get the rise made to the pensioners. The petitioners could only receive the increased pension as applicable to the State Govt. employees, In this view of the matter recovery order was passed and from retrospective petitioners recovery from 1.1.1986 to July, 1989 worked out :