BIHAR PENSIONERS SAMAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition on behalf of Bihar Pensioners Samaj filed through its Secretary Sri Dharam Deo Prasad, Pension Bhawan, Patliputra Colony, Patna. This writ petition raises very important issues of (a) equals being treated unequally and (b) an attempt by the Government of Bihar to nullify a judgment of the High Court, affirmed by the Supreme Court, by legislation so as to avoid its compliance and deprive a class of retired Government staff of the benefits of increased and arrears of pension from a certain date. The facts are short.

(2.) The 4th Pay Commission, was recommending increase of emoluments and allowances, and consequential pension as may have accrued to those who are on the pay roll of the State Government and to such of those to whom the 4th Pay Commission recommendations would apply. The recommendation of the Pay Commissions from time to time take into account the inflation so as to vary and increase the pay structure.

(3.) The constitution of the 4th Pay Commission was announced in Parliament on 29 July, 1983 and it came into existence on September 1, 1983. The first meeting of the commission was held on September 6, 1983. There was wide participation in expressing views to the 4th Pay Commission solicited by the commission itself, suffice it to say in so far as it is relevant, like other State Governments the State of Bihar was also invited to participate in the discussion and it joined the commission in having its views expressed.