SHEO NARAYAN TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition, at the instance of the Secretary, Bhojpur Zila Parishad Employees Association and another employee of the Zila Parishad was filed in the year, 1992, mainly making a grievance against non - payment of the monthly salary of the employees on time and seeking a direction for payment of their salary from March 1992 as well as for payment of their due salary on time.

(2.) HOWEVER , when the case was taken up for hearing (about eight years after it was filed), Mr. I.T. Gaur, learned counsel for the petitioners did not say a word about the irregular payment of salary to the employees of the Zila Parishad. Presumably the grievance of the petitioners on that score no longer subsists. At the time of hearing Mr. Gaur sought to make a grievance out of the denial of pensionary benefits to the employees of the Zila Parishad and submitted that rule 9 of the Bihar Panchayat Samiti and Zila Parishad (Conditions of Service) Rules that stipulated non -payment of pension to the employees was bad ana illegal.

(3.) FROM a plain reading of the rule, it is clear that the provision of this rule was made subject to rule 9 which is as follows :