BIHAR PENSIONER SAMAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) The State Government vide resolutions Nos. 1853 and 1854 dated 19-4-90 of the Finance Department has revised/rationalised the pension scheme with effect from 1-1-86-Both for the employees retiring prior to and after that date-but declined to give any monetary benefit of the revision/raionalisation for the period between 1-1-86 and 18-2-89. In other words, the monetary benefits have been made effective from 1-3-89. The petitioner, which is a registered society spousing the cause of pensioners, has challenged the decision of the Govt. denying the consequential monetary benefits of the revision with effect from 1-1-86 and has sought a mandamus to the respondents to implement the scheme with effect from that date. The impugned decision is contained in paragraph 1(i) and paragraph 2.1 and paragraph 2.1 respectively of resolution Nos. 8153 and 8154, dt. 19-4-90.

(2.) The thrust of the petitioner's case is that the State Government has always fixed the pension scheme on the pattern laid down by the Government of India and the instant revision/rationalisation was also effected in the light of two office memoranda dated 14-4-87 and 16-4-87 received from the Government of India in the light of the recommendation of the Fourth Pay Commission. It is said that the proposals were examined by the Finance Department and it was decided to give the same benefits to the employees and pensioners of the State Government. The memorandum prepared by the Finance Department was duly approved by the Cabinet on 19-4-88. As per the said decision the benefit of revision and rationalisation was to be made effective from 1-1-86 as in the case of the employees of the Central Government. But unfortunately, no follow-up action was taken by the Finance Department. Later, memorandum was placed before the Cabinet on 14-9-88 suggesting that the previous decision dated 19-4-88 be kept in abeyance until receipt of the recommendations of the Fifth Pay Revision Committee constituted by the State Government. In this manner, the Finance Department succeeded in stalling the implementation of the Government decision. Finally, the impugned decisions were taken and resolutions were issued on 19-4-90. Although the same cut-off date as suggested by the Government of india, namely, 1-1-86 was maintained, another cut-off date was fixed as 1-3-89 for giving the monetary benefit. This was done on a spacious plea that the monetary benefit of the revised pay scale in the light of the recommendation of the Fifth Pay Revision Committee was given from 1-3-89. In other words, according to the State Government, the same cut-off date was fixed for both the serving and retired/retiring employees in the matter of giving the monetary benefits of revised pay and pension.

(3.) It may be stated here that according to the counter-affidavit, two more considerations had weighed with the State Government : (a) the resource constraints, and (b) agreement entered into between the State Government on the one hand and the teachers/ employees/officers' Joint Coordination Committee on the other on 19-10-89 to the effect that pay of the pay of the employees retiring between 1-1-86 and 22-8-89 be notionally fixed on 1-1-86 in the revised pay scale and their pension be also accordingly fixed/refixed notionally on the basis of the pay so fixed as on 1-1-86 but payments be made with effect from 1-3-89 without any arrears. While denying the claim of the pensioners in the writ petition, the respondents have also pleaded that the State Government is not bound to follow the Central Pattern and it is free to take its own independent decision. The decision is applicable uniformly to all retired/Retiring employees and the same, therefore, is not discriminatory.