JAGDISH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Social Welfare State, which professes social security as its top priority, is the appellants in this case against the order allowing the claim of the writ petitioner for grant of pro-rata pension in view of the admitted factual position that the petitioners have completed about 12 years of service under the State Government and as per the amended Rules, 10 years of service is qualifying period for grant of pension. These intra Court appeals have been filed notwithstanding the fact that similar direction for grant of Pro-rata pension issued by the writ Courts in other cases have attained finality and have been gracefully obeyed and benefits of post retrial dues were granted to almost all similarly circumstanced employees retired after 31/3/1980 while working on the transferred department. The absurdity in the approach of the appellants can be fathomed from the facts that in C.W.J.C. No.12057 of 2013, they preferred appeal against the direction of writ court for grant of pro-rata pension but in the connected writ petition bearing C.W.J.C. No. 11919 of 2007 the State in identical fact situation Jagdish Prasad allowed Pro rata pension without any demur.

(2.) In both these appeals, the facts are not in dispute that the writ petitioners have completed more than 10 years. The only rub is that whether they are entitled to the benefit of the resolution of the Finance Department no. 3014 dtd. 31/7/1980 whereby the minimum pensionable service was reduced from 15 years to 10 years or not.

(3.) Mr. P.K. Verma, learned Additional Advocate General appearing on behalf of the appellants submitted that the resolution of the Finance Department no. 3014 dtd. 31/7/1980 is prospective in nature and will not apply in the case of these petitioners, who have worked under the State Government prior to 31/3/1980 and have retired from transferred place, the benefit under the scheme of resolution of the Finance Department with regard to minimum qualifying period of pensionable service is not available to these petitioners, as they were transferred to different authorities before 31/3/1980. Thus, in both these two appeals, the question for adjudication is construction of the resolution of the Finance Department dtd. 31/7/1980. The relevant Clause 18 and 20, which require construction for the purpose of deciding the present appeals are set out below: