PARASHURAM SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN both these writ petitions the common question of law falling for determination is whether the option once exercised by the petitioners and treated as final under Rule 4 of the Statutes governing retirement benefits, dated 24 -11 -1982 could have been treated by the Syndicate and Vice -Chancellor of the University to be not final so as to give fresh option and entitle the petitioners to the benefit of pension as per Appendix -A of the aforesaid Statutes. Because of the common question of law the Writ Petitions have been heard together and are being disposed of by a common judgment.

(2.) THE relevant facts of both the writ petitions lie within a narrow compass. In CWJC No. 12681 of 2000 all the 8 petitioners are either retired teachers or retired non -teaching employees of the respondent L.N.M. University, Darbhanga. They retired between the year 1994. and 1998 and as per their option exercised in February, 1983 received retrial benefits as per Appendix -B (non pensionary scheme) but by virtue of a decision of Syndicate of the University dated 20th December, 1997 (Annexure -3) the University issued a notification dated 16 -1 -1998 (Annexure -4) and extended fresh opportunity of exercising of option till 31 -1 -1998 to such employees who were agreeable to deposit with the University the contribution made by the University along with 6% interest in one instalment and further agreed not to demand pension/gratuity of earlier period remaining due on account of fresh option. The petitioners exercised their fresh option and opted for retirement benefits with pension as per Appendix -A. As per direction of the University dated 26 -11 -1998 (Annexure -A series), the petitioners deposited the required amount in lump sum and thereafter received pension for the period till June 2000. Their pension was stopped since July 2000 and then came the impugned orders contained in Annexure -2 dated 13. -10 -2000 issued from the office of the Chancellor and the consequential orders against the individual petitioners contained in Annexure -1 series dated 25 -10 -2000.Since the petitioners of CWJC No. 12878/ 2000 are also retired teachers and employees of the University and the essential facts are common except that these petitioners were not sanctioned and paid any pension as per Appendix -A in spite of having availed the opportunity of revised option, the facts and documents have been referred only from the records of CWJC No. 12681/2000. In essence the claim of the petitioners is for pensionary benefits as per Appendix -A of the Statutes on the strength of the revised option provided to them under decision of the Syndicate.

(3.) THERE is no dispute that as retired employees of the University the petitioners post retiral benefits are to be governed by Statutes framed under Sec. 36 of the Bihar State Universities Act, 1976 (hereinafter referred to as the Act) read with Sec. 5 of the Bihar Inter Universities Board Act, 1981 (Bihar Act No. 27,1982). The relevant Statutes so framed bear the title -"Statutes for the grant of Retirement Benefits to Employees of the Bihar/Ranchi/Bhagalpur/Magadh/I.N Mithila/K.S.D. Sanskrit University". These Statues had first received approval by the Chancellor on 18 -11 -1980 and were subsequently modified and the amended Statutes were approved by the Chancellor on 24 -11 -1982 (hereinafter referred to as the Statutes).