BALA KANT PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in both the cases were employees of Patna Regional Development Authority (for short PRDA) which admittedly stood dissolved and merged with the Patna Municipal Corporation (for short the Corporation) with effect from 2/2/2007. This is also not in dispute that consequent upon merger with the Corporation all employees of PRDA became the employees of the Corporation. The employees of the Corporation are entitled to pensionary benefits under statutory Patna Municipal Corporation Officers and Servants Pension Rules, 1986 (for short the PMC Pension Rules), published in Bihar Gazettee on 20/3/1987. The PMC Pension Rules came into force with effect from 1/1/1986. The sole question, which these two writ applications involve is, as to whether the employees of erstwhile PRDA, who became the employees of the Corporation in the aforesaid manner, are entitled to benefits under the PMC Pension Rules for grant of monthly pension and family pension. As the issue involved in both the cases is common, they have been heard together and are being disposed of by the present common judgment and order.

(2.) It is noted at the outset that this question had earlier arisen before this Court in a writ application registered as CWJC No. 14307 of 2016 and its analogous matters (Avinash Kumar Singh vs. State of Bihar). A coordinate Bench of this Court upon noticing the stand of the Principal Secretary, Urban Development and Housing Department, Government of Bihar, in response to a query made by the Corporation, had allowed the writ application by order dtd. 15/5/2017 with the following direction :-

(3.) The petitioner of CWJC No. 8581 of 2017 retired with effect from 30/4/2015, whereas the petitioner of CWJC No. 12169 of 2019 retired with effect from 31/8/2015. Both the petitioners have filed the writ applications under Article 226 of the Constitution of India seeking direction to the respondent-Corporation for payment of the amount arsing out of grant of Assured Career Progression (ACP) and other post retiral dues including pension under the PMC Pension Rules.