DR. SACHINDRA NARAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by twenty seven petitioners of the Anugrah Narayan Sinha Institute of Social Studies, Patna (for short 'the Institute') praying to direct the respondents to pay the arrears as well as current pension on month to month basis which has been stopped from the month of June, 2014.

(2.) Heard Mr. Kripa Nand Jha, learned Advocate for the petitioners, Mrs. Nutan Sahay, learned Assistant Counsel to Additional Advocate General No. 12 for the State and Mr. Piyush Lal, learned Advocate for the Institute.

(3.) Mr. Kripa Nand Jha, learned Advocate for the petitioners submitted that the petitioner nos. 1 to 15, 19 to 21 and 23 to 27 retired from service on different dates between 28.02.2011 and 31.07.2013 whereas petitioner nos. 16, 17, 18 and 22 are widows of the employees of the Institute, who died on 21.11.2007, 14.07.2011, 24.02001 and 17.09.1998 respectively. All the petitioners were getting pension/family pension as per their entitlement since the date it became due till May, 2014. He contended that the pension scheme was introduced by a decision of the Board of Control (for short 'the Board') of the Institute which is its supreme governing body. He contended that for not paying pension to the retired employees the Institute is taking a plea that without financial support from the Government of Bihar the Institute is not in a position to pay the pension due to paucity of fund. According to him, such plea is palpably false in view of the fact that the Institute is contributing to the new pension scheme of the working employees and is also paying the salary to the working employees. He contended that the petitioners are entitled to get their pension and paucity of fund is no ground to deny pension to the retired employees. According to him, it is the duty of the Institute as well as the State to arrange funds and pay legal dues to the petitioners.