VISHWANATH MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner, who superannuated as Class IV employee from Siwan Municipality with effect from 1.1.1998 is aggrieved on account of non -release of his retiral dues.

(2.) A counter affidavit and a supplementary counter affidavit have been filed on behalf of the respondent -Municipality.

(3.) LEARNED counsel for the petitioner, on the other hand, has submitted that the petitioner is entitled for pension under the Bihar Municipal Officers and Servants Pension Rules, 1987. According to the learned counsel, it was on account of laches on the part of the Municipality that the said Rule was adopted only in August, 2001. Thus, according to him, the petitioner, who exercised his option earlier, is entitled for the benefit of pension. Learned counsel for the Municipality has submitted that the petitioner is not entitled for the benefit of pension under the said Rules as he never exercised his option in the prescribed form even before the adoption of the Rules.