BAJESHWAR OJHAAND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The retirement benefit rules appended as Appendices A to the Statute for the grant of retirement benefits of the Bihar/ Ranchi/Bhagalpur/Magadh/L.N.Mithila/ K.S.D. Sanskrit University Provides at Clause 23.3 as follows:

(2.) Admittedly, with effect from 1st April, 1997 the rates and amounts of gratuity applicable to the employees of the State Government stood changed for better.

(3.) Their contention is simple and that is where by a legislative mandate a benefit has been prescribed and by virtue of such prescription such benefit has already accrue, by an executive mandate the same cannot be curbed having regard to the fact that an executive fiat cannot overturn a beneficial legislative direction.