MUNDERSINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner superannuated as Lay Secretary of the Patna Medical College and Hospital on 2-7-1971. He was granted pension and other retirement benefits in accordance with the rules as they then existed It appears that by the resolution of the Govt. of Bihar dated-15th July 1975 there was liberalisation of the provisions of Death cum retirement benefits The liberalised provisions, however, were expressely made applicable to the State Government servants who retired from service on or after 1st January 1973 or who may retire from service after the issuance of the date of the resolution. It further appears that similar resolutions were subsequently passed by the Government, namely, resolution No. 7112 dated 4-9-79 and resolution No. 16189 dated 6-5-86. The petitioner claims that the resolution No. 6796 dated 15-7-75 in so far as it precludes the petitioner and others who retired before 1st January, 1973 from the benefit of the liberalised scheme is arbitrary. He further claims that he is entitled to the benefit under the subsequent resolutions of the years 1979 and 1986, His grievance is that while he was given benefit of the resolution of the year 1986, benefit under the earlier resolutions have bean denied to him.

(3.) The State has filed its counter affidavit in which its stand is that the matter has been referred to the Accountant General, Bihar for necessary action.