RAM ASHISH SINGH S/O LATE HARI PRASAD SINGH Vs. SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Writ application of these appellants was heard by the learned single Judge and except for a direction for payment of dearness allowance to the appellants, the amendment, which was brought about in the Notification dated 03.09.2008, which, according to these appellants, has effect of taking away the benefit of grant of pension to the extent of 1/6th of their pay for having rendered service as a Bihar Public Service Commission (BPSC) Member, was negated by the learned single Judge.

(3.) It has to be kept in mind that the amendment dated 009.2008 was brought about as part of the power exercised under Article 318 of the Constitution of India by the Hon'ble Governor of Bihar under the circumstances that many such members, who came to be appointed in the BPSC also happened to be teachers in one University or the other. When they were appointed as a member of the BPSC, they continued their lien on the post of a teacher and if they did not superannuate during the period when they were members of the BPSC from the College or the University in question, they went back to their teaching assignment and derived the benefit of original post, on which they were working, prior to their interregnum responsibility as a member of the BPSC.