RAMASHISH PRASAD, VISHWANATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the Arrah Municipality (hereinafter referred to as "the Municipality)".

(2.) Petitioners are the employees of the Municipality, which is now known as Arrah Nagar Parishad. They have filed these writ applications for a direction to consider their case for grant of pension in terms of Bihar Municipal Officers and Servants Pension Ruels, 1987 (hereinafter referred to as "the Rules") which was published in the Gazette (Extra Ordinary) dated 13.11.1987 and was made applicable to all the Municipalities of Bihar with effect from 1st April, 1986. As petitioners superannuated after enactment/enforcement of the said Rules in the year 1996/99 the ground to refuse such relief is that the Municipality has adopted the Rules with effect from the year 2000, as is evident from the resolution of the Municipality dated 19.6.2004 Reslution 5 (IX). Adoption of the Rules by the Municipality in the year 2000 is of no consequence in view of the provisions contained in Sec. 353 of the Bihar and Orissa Municipal Act, 1922 whereunder these Rules have been enacted by the State Government clearly specifying in Rule 3 that the Rules shall come into force with effect from 1st April, 1986. In the circumstances servants of the Municipality serving the Municipality on 1st April, 1986 are entitled to the privileges under the Pension Rules. By adopting the Rules in the year 2000 the Municipality only deprived the employees like petitioner from taking advantage of the Pension Rules. In the circumstances, the action of the Municipality appears to be arbitrary.

(3.) In this connection, counsel for the Municipality has further submitted that in terms of Rule 4, the Municipal servant has to apply and to indicate his option but petitioners having not submitted his option there is no question of granting them benefit under the Rules.