BIHAR PENSIONERS SAMAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition is in a representative capacity challenging the validity of Bihar State Government Employees Revision of Pension, family pension and death -cum -retirement gratuity (validation and enforcement) Act, 2001. One round of litigation has been to the Supreme Court. After the S.L.P of State of Bihar was dismissed, to nullify the orders rendered by the superior judiciary the legislature of the State enacted the aforesaid enactment. On behalf of State of Bihar in certain terms the submission is that the legislature has the power and thus resorting to this power they have nullified the orders of High Court and Supreme Court, both. The Court will deal this question at the time of hearing.

(2.) BUT from the record the Court finds that (a) petitioner has yet to file a rejoinder affidavit and (b) in the counter -affidavit, which has been filed, certain statement of facts have been avoided. In a matter like the present one which is basically a class action on behalf of all pensioners who draw pension from the State of Bihar, the lot of them on whose behalf the petition is presented, are retired employees. It has also been accepted at the Bar that these employees are from class IV to Class I officers.

(3.) WHILE petitioners seek answers on public expenditure, the reply they have received from the State is in paragraph 13 of the counter -affidavit, which reads: "That in reply to statements made in paras 51 to 55 of the writ petition, it is relevant to state here that the State Government has to take a broader view of things as it is responsible to the whole society and it cannot adopt myopic view. As regards the allegations of the petitioners about inter -sectoral allocation of resources, it is submitted that the State of Bihar has to spend more than Rupees 2000 crores on pensions which is more than its plan Expenditure. Major portion of not only the States Resources but also the grants and loans are eaten up by salaries, pension and interest on borrowings. Thus, the problem of limitations of resources of the State Government, especially in view of non -fulfilment of its commitment to the people in general is real and genuine and any further addition to its already non -sustainable burden can only be at the cost of fulfilment of minimum needs of the society."