HUSNO BANO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) In this writ application the widow, wife of late Sajid Hussain, a employee of Bhagalpur College of Engineering. Bhagalpur, has moved this Court for refixation of pension of her husband in terms of the judgment dated 2.11.1995 passed. in C.W.J.C. No. 7160 of 1991 and also for a consequential direction for payment of pension, arrears of pension and gratuity in terms of the said refixation of pay.

(3.) THE facts are not in dispute as even respondents admit in the counter - affidavit that the husband of the petitioner was appointed as Junior Instructor at Bhagalpur Engineering College and retired while continuing as Junior Instructor on 31.1.1994 after serving the Institution for almost 33 years, his date of appointment being 4.9.1961. The employees of the Engineering College including the husband of the petitioner had some grievance with regard to grant of U.G.C. pay scale and accordingly, they had jointly moved this Court in C.W.J.C. No. 7160 of 1991 which came to be disposed of by a judgment dated 2.11.1995 (Annexure -1 to the writ petition) whereby and whereunder the following directions were issued: - "Para -8. For the reasons stated above, this petition is allowed. The Respondents are directed to declare the Instructors of all the Government Engineering College in the category of teaching staff and to extend the benefit of U.G.G. scale to them as has been granted to the Laboratory Assistants by order dated 16.10.1987. The petitioner shall be entitled to get the arrears arising out of the difference of pay scale, if any, on and from the date of approaching this court i.e. 18.10.1991, the same benefit shall be extended to the Intervenor." "Para -10. It is made clear that petitioners no. 1,2 and 3 shall also be entitled to the benefit of the U.G.C. scale and the arrears arising out of the difference of pay scale as allowable to other petitioners and also consequential pensionary benefits, I make no order as to cost."