HIMANSHU BHUSHAN Vs. T M BHAGALPUR UNIVERSITY

JUDGEMENT

(1.) Since in all the three writ petitions, Petitioners retired prior to 1.1.2006 as University Professors and in all the aforesaid three writ petitions, similar prayer and points were involved, were heard together and are being disposed of by a common order.

(2.) The Petitioners, who retired as University Professors from different University of Bihar, have prayed for directing the concerned Respondent to re-fix their pension with effect from 1.1.2006 notionally followed with its actual payment with effect from 1.4.2007 in view of Article 16 of the Pension Statute read with State Government decision vide Resolution No. 820 dated 23.9.2009 (Annexure-3 to the writ petition). They have further prayed for a declaration that retired employees of the University in Bihar including the Petitioners are entitled for being paid dearness relief on their respective basic pension on the same rate upon which the retired State Government employees are being paid dearness relief upon their basic pension. In the aforesaid writ petitions, separate counter affidavits have been filed on behalf of the University as well as State. In the counter affidavit, which has been filed on behalf of the Government of Bihar, the stand has been taken that matter regarding benefit of merger of 50% dearness relief in the basic pension is pending before the Apex Court vide SLP (Civil) No. 25918 of 2009. So far as applicability of Article 16 for revised pension, it has been asserted that same is required to be settled by the University.

(3.) At the time of hearing, learned Counsel appearing on behalf of the University i.e. Shri Ajay Kumar Sinha, learned Counsel appearing on behalf of Patna University as well as Shri Anil 'Singh, learned Counsel appearing on behalf of Tilkamanji Bhagalpur University, had categorically submitted that so far as re-fixation of pension is concerned, the matter is under active consideration and for that decision is likely to be taken in short. At the time of hearing, learned Counsel for the Petitioners has produced a copy of order passed by a Single Bench of this Court in C.W.J.C. No. 4276 of 2004 dated 9.7.2004 and it was submitted that issue so far as revision of pension is concerned, in view of Article 16 of Pension Statute has already been clarified by this Court and it has been held that revision of pension is applicable to the employees of the University like the employee of the Government of Bihar and as such there is no need to reiterate the same law. It goes without saying that the Petitioners are entitled to get their pension revised similar to the employees of the State Government. So far as 50% dearness relief is concerned, same has already been clarified by a Division Bench judgment of this Court in LPA No. 434 of 2009 (Prof.) (Dr.) Ram Dinesh Sharma v. The Tilkamanjhi Bhagalpur University which has been,2008 4 BBCJ(SC) 582. A Division Bench, after considering the provisions of Article/ Statute-16, has held that merger of 50% of dearness relief in the basic pension of the University employees is applicable and they are entitled for the same. It is not in dispute that same provisions is applicable in all the University of Bihar. Merely on the ground that an appeal before Hon'ble Supreme Court is pending, the Petitioners cannot be denied the relief which has been sought for in the present writ petition in view of Division Bench judgment of this Court and as such it is declared that the Petitioners are entitled to get merger of the 50% of the dearness relief in their basic pension with effect from 1.1.2005.