BALESHWAR OJHA 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/LN.Mithila/ K.S.D. Sanskrit University Provides at Clause 23.3 as follows: - -

(2.) 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.

(3.) THE Finance Secretary has filed an affidavit and in paragraph 4 thereof has stated that the Finance Department is yet to get proposal with the calculation of the financial implications from the Human Resources Development Department with reference to pre -dating of gratuity with effect from 1st April, 1997 and revising the pension with effect from 1st January, 1996 and, therefore, the Finance Department or the Finance Secretary has nothing to answer at this stage.