SATYENDRA NATH NANDAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS in all these writ petitions, the question involved is common, with consent of parties, they have been heard together and are being disposed of by this common order.

(2.) ADMITTEDLY , all the petitioners of the abovementioned writ petitions superannuated from service before the appointed day under Bihar Reorganisation Act, 2000 while they were working in connection with the affairs of the State of Bihar. Their retirement is in between 1991 and June, 2000. Some of the petitioners are getting provisional pension only and some have been kept denied even of provisional pension till date. Accordingly, they have filed the present writ application seeking appropriate direction to the Respondents to pay their dues including pension, gratuity, leave encashment, provident fund etc.

(3.) IT is submitted on behalf of the petitioners that liability in respect of pension and other retirement benefits of such Government servant of the State of Bihar, who retired prior to the appointed day is of the State of Bihar. In this regard, provisions contained in Section 53 and paragraph 2 of the Eighth Schedule of Bihar Reorganisation Act, 2000 have been referred to by the learned counsel for the petitioners, which read as follows: ''53. Pension. - The liability of the existing State of Bihar in respect of pensions and other retirement benefits shall pass to, or be apportioned between, the successor States of Bihar and Jharkhand in accordance with the provisions contained in the Eighth Schedule to this Act. '' ''2. Subject to the said adjustment, the liability in respect of pensions and other retirement benefits of officers serving in connection with the affairs of the existing State of Bihar who retire or proceed on leave preparatory to retirement before the appointed day, but whose claims for pensions and other retirement benefits are outstanding immediately before that day, shall be the liability of the State of Bihar ''.