RAMADHAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) In this case, the petitioner is seeking a relief that he should be paid full pension in terms of Bihar Pension Rule vide Govt. Notification dtd. 23/9/2009 in view of fact that he is covered under the 6th Pay Commission Report, which has been accepted by the State Government, has been implemented with effect from 1/1/2006 notionally but the actual payment has been implemented with effect from 1/4/2007.

(3.) The Government of Bihar issued a Notification dtd. 23/9/2009 whereby and whereunder the Government has taken a policy decision giving reference of letter of the Central Government vide Memo No. 38/37/08-P&P W(A) dtd. 2/9/2008, the persons who have retired on and after 23/9/2009, the minimum requirement of full pensionable service would be 20 years and those who have retired before 23/9/2009, the minimum requirement for full pensionable service would be 33 years. Similarly, with regard to the gratuity, those who have retired on or after 23/9/2009, their gratuity would be calculated at revised scale of pay and the maximum limit for gratuity would be Rs.10,000,00.00 (ten lakhs) but those who have retired before the issuance of Notification, the gratuity would be calculated on the basis of unrevised scale of pay and a limit was provided Rs.3,50,000.00 (three lakhs and fifty thousand).