RABINDRA KUMAR SHARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are two petitioners, who were earlier working under the Bihar State Agricultural Marketing Board, Patna (hereinafter referred to as 'the Board') established under Section 33-A of Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as 'the Act'). The Act stood repealed with enactment of Bihar Agricultural Produce Markets (Repeal) Act, 2006 leading to dissolution of the Board.

(2.) This is not in dispute that in order to accommodate the employees of the Board, a decision was taken at appropriate level for absorption of the employees under the Board and accordingly the petitioners were absorbed in the Directorate of Agriculture as Statistical Assistants. They have retired after attaining the age of superannuation. This is also not in dispute that Bihar Pension Rules, 1950 was applicable for the employees appointed under the State of Bihar before 01.01.2006. Under the new Scheme, employees appointed under the State of Bihar are not entitled for pensionary benefits in accordance with the said Bihar Pension Rules.

(3.) The petitioners claim that they are entitled for pension in accordance with 1950 Rules because they had come in service of the Board before 01.01.2006 and before the Board was dissolved after enactment of Repeal Act in 2006, the Board of Directors of the Board had taken a decision to extend the benefits of pension to the employees of the Board in accordance with the Bihar Pension Rules.