GOPAL LALL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE grievance of the petitioner is that of withdrawal of his pensionary benefit which was granted to him earlier. The petitioner on 14.7.1947 joined as Lecturer in R.K. College, Madhubani which was affiliated to Old Patna University and on 21.11.1955 the petitioner joined as Lecturer in Old Bihar University and was posted as Post Graduate Lecturer in the Department of Commerce at Bhagalpur, till 20.4.1975. On 21.4.1975 the petitioner joined as Professor and Head of the Department of Commerce in L.N. Mithila University, Darbhanga on the recommendation of the Bihar Public Service Commission. On 1.2.1986 the petitioner superannuated while working in the post of Professor and Head of the Department of Commerce in L.N. Mithila University, Darbhanga. During the service period of the petitioner the Triple Benefit Scheme came in its force and as such Statute was approved on 18.11.1980.

(2.) ON 25.12.1980 the University issued letters for option regarding the Triple Benefit Scheme. The petitioner opted for Appendix -A of the Scheme which provided for G.P.F. Scheme -cum -Pension and Gratuity. On 21.4.1975 the petitioner was the University Professor and Head of the Department of Commerce in L.N. Mithila University, Darbhanga. On the option being given by the petitioner the same was approved. At the relevant time when the option was given the College where the petitioner was appointed was under Magadh University and the option was given by the petitioner on 14.2.1981 which is an admitted fact. But then on 25.11.1982 Statute for Pensional benefits of the University employees had been amended and after that amendment as per Clause -4 of that Statute again option was asked from the petitioner while he was under L.N. Mithila University, Darbhanga and on 21.2.1983 the petitioner opted for Appendix -B of the Triple Benefit Scheme which was for Contributory Provident Fund etc. On retirement the petitioner was paid benefits of Contributory Provident Fund etc. as per Appendix -B. But then again as per the amended Statute on the basis of the letter issued by the Vice Chancellor of the University the petitioner, although, retired had given option for Appendix -A again which he had given earlier while serving in Magadh University. The petitioner made several representations and then earlier retirement benefit under Appendix -B had been changed and the petitioner was given pensionary benefit with G.P.F. etc. and the earlier contribution under Contributory Provident Fund made by the employer had been deducted or deposited from the side of the petitioner and his pensional benefit continued. But on the basis of letter issued by the Chancellor, the pensionary benefit of the petitioner had been withdrawn. Hence, this writ petition.

(3.) THE only question remains as to whether the second option given by the petitioner under Appendix -B as per Rule 4 of the Statutes for the Grant of Retirement Benefits to Employees of the Bihar/ Ranchi/Bhagalpur/Magadh/L.N. Mithila/ K.S.D. Sanskrit Universities (hereinafter to be referred to as the "Statutes") was a valid one on which after retirement he was granted pensional benefits under Appendix -B, although, afterwards the same had been changed by the employees itself.