PREM SHANKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant, who claims to be the Chairman of the Bihar Pensioners Samaj, Ranchi, filed C.W.J.C. No. 2080 of 1996(R), seeking appropriate writ, order or direction quashing paragraph Nos. 1(i) and 2.1 of the State Government's Resolution Nos. 1853 and 1854 dated 11-4-1990, respectively (hereinafter referred to as the Resolutions, whereby and whereunder the State Government revised the pension of the State Government employees with effect from 1-1-1986 with the rider that the monetary benefit of the said revision will be available with effect from 1-3-1989 only. Consequential direction to give monetary benefit of the revised pension with effect from 1-1-1986 was also claimed. This writ petition has been dismissed by the learned Single Judge vide judgment dated 10-7-1997. Being aggrieved thereby the appellant has filed this appeal under Clause 10 of the Letters Patent.

(2.) The State Government vide Resolution No. 1853 dated 19-4-1990 revised the provisions regulating pension and death-cum-Retirement gratuity of those Government Servants, who retired/died in harness on or after 1-1-1986. This revision was made effective from 1-1-1986 with a condition that the financial benefit of such revision will be admissible only with effect from 1-3-1989. Paragraph '1(i)' of the said Resolution being relevant in this regard is reproduced below:

(3.) Resolution No. 1854 of the same date (i.e. 19-4-1990) provided for rationalisation of pension structure of pensioners/family pensioners with effect from 1-1-1986. Paragaph 2.1 of this Resolution also provided that although the revised pension scheme shall come into force on 1-1-1986 but its financial benefit will be admissible only with effect from 1-3-1989. Paragraph '2.1' of the said Resolution is also reproduced below: