SACHIDA NAND SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both the aforesaid writ petitions, similar question is involved and as such both were heard together and by common order, both the writ petitions are being disposed of.

(2.) The petitioner, while invoking writ jurisdiction of this Court, have prayed for directing the respondents to fix their pension at the rate of Rs.7,150/- with effect from 1.1.1996 instead of Rs.6,000/- in view of substituted scale of Rs.14,300/- - Rs.18,300/- in the Super Time Scale.

(3.) Dr. Ravindra Nath Singh the petition in C.W.J.C. No.4165 of 2008 had retired on 31.12.1990 while working as Director (Seeds Certification) from Patna whereas Shri Sachidanand Sahay petitioner in C.W.J.C. No.4178 of 2008 retired on 30.11.1989 from the post of Joint Director, Adoptive Research at Patna. Both were given Super Time Scale with effect from 1.4.1989. The fact regarding grant of Super Time Scale in both the cases is not in dispute. After implementation of 4th Pay Revision, replacement scale of pay of Rs.4,100/- Rs.5,300/- for scale of Rs.12,000/- Rs.16,000/- in respect of Super Time Scale Grade Officer was given and accordingly, pension was fixed at Rs.6,000/- with effect from 1.1.1996 in both the cases. Petitioners have claimed that on replacement, pension was required to fix at the rate of Rs.7,150/- for the scale of pay of Rs.14,300/- - Rs.18,300/-. It was argued by Shri Yugal Kishore, learned Senior Advocate that the claim, which has been raised by the petitioners has already been set at rest by a Bench of Jharkhand High Court at Ranchi in W.P.(S) No.626S of 2002 (Prem Shankar Vs. State of Jharkhand & ors). It was submitted that case of petitioners is almost on similar footing of case of Prem Shankar .