SHALIGRAM SINGH Vs. MAGADH UNIVERSITY

JUDGEMENT

(1.) AS the common question with respect to the benefit of commuted portion of the pension is involved in both the writ petition, with the consent of the parties they have been heard together and are being disposed of by this common judgment/order.

(2.) IT is submitted by the learned counsel for the petitioners that the sanction and payment of retirement benefits admissible under the Statutes for grant of retirement benefits to the employees of Bihar/Ranchi/Bhagalpur/Magadh/LN. Mithila/ K.S.D. Sanskrit University are to be regulated by such procedural instruction as issued by the Inter University Board as per the provisions contained in Article 6 of the Statutes. According to the learned counsel for the petitioners the Inter University Board has already issued procedural instructions regarding sanction and payment of retirement benefits. Clause 25 deals with commutation of pension and clause 26 deals with application of the amendments made in Bihar Pension Rules. It is submitted that Rule 259 of the Bihar Pension Rules deals with grant of benefit of commutation of pension and by executive instruction issued by the State Government the benefits of restoration of commuted portion of pension have been allowed to the Government servants by the first instruction issued on 8.3.1983, after ten years and it was later revised and the benefit was made admissible after the expiry of 15 years of the grant of commuted pension, however, with the condition that the persons already availing the benefit; under the first instruction will not be affected by the subsequent instruction.

(3.) LEARNED counsel for the University has submitted that the procedural instruction issued by the Inter University Board is merely advisory and under Article 6(i) of the Statutes for grant of retirement benefits are to be regulated by such procedural instruction as may be issued by the University on the advice of the Inter University Board but ultimately the decision is to be taken by the University and not that merely because of the procedural instruction issued by the Inter University Board the employees/ teachers of the University will ipso facto become entitled for grant of benefit in the event of any change to the corresponding provision in the Bihar Pension Rules.