BAIDYANANT PRASAD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for the following relief:

(2.) The present writ application is being filed for issuance of an appropriate writ order/orders/direction/ directions commanding the respondents for further commutation of pension and gratuity of the petitioner in the light of Finance Department letter No. 11556. dated 22.12.1999 and letter No. 6469 dated 26.9.2000 issued under the signature of Special Secretary, Department of Finance, Govt. of Bihar, Patna and further direction to the respondents to pay amount in lieu thereof as well as statutory interest and any other relief or reliefs for which the petitioner entitled under law. It is the case of the petitioner that he entered in service on 4.3.1960 on the post of Anchal Amin and had retired on 31.1.1997, whereafter he was paid all his retirement benefit as also even his pension was commuted by an order dated 28.6.1999. The grievance of the petitioner, however, is that his commutation was made in the old pay scale and when the State Government has revised the pay scale with effect from 1.1.1996 the petitioner became entitled for further gratuity and further commutation as the ceiling also had been raised by the State Government in the revised pay scale for such gratuity and commutation of pension.

(3.) THE respondents have filed a counter affidavit wherein a clear stand has been taken that the revision of pension as per Government Resolution dated 22.12.1999 was to be made effective from 1.4.1997 for the purpose of calculation of monetary benefit and that the very resolution clearly said that though notional fixation of pay will be made with effect from 1.1.1996 but no arrears would be payable for the period of 1.1.1996 to 31.3.1997. It was further clarified that the Government Resolution No. 11556 dated 22.12.1999 in paragraph No. 7 had specifically mentioned that the employees, who retired on or after 1.4.1997 alone would be entitled for fixation of pension at the rate of 50% of the last salary drawn and would be also sanctioned maximum of 40% as commutation of pension. It was in this context that it was stated that the petitioner had retired on 1.2.1997 and therefore, was not entitled to take 40% of commutation of pension as well as enhanced amount of gratuity by the Government Resolution dated 22.12.1999.