Patna High Court - Orders
The State Of Bihar & Ors vs Nawal Kishore Sharma & Anr on 20 August, 2014
Author: Anjana Mishra
Bench: Anjana Mishra
IN THE HIGH COURT OF JUDICATURE AT
PATNA
Letters Patent Appeal No.714 of 2014
In
Civil Writ Jurisdiction Case No. 12389 of 1999
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1. The State of Bihar through the Commissioner- cum-
Secretary, Department of Rural Development,
Government of Bihar, Patna
2. The Special Secretary, Department of Rural
Development, Govt. of Bihar, Patna
3. The Director, Panchayati Raj, Panchayat Raj Directorate,
Department of Rural Development, Government of
Bihar, Patna
4. The Deputy Development Commissioner-cum-Chief
Executive Officer, Zila Parishad, Gaya
.... .... Appellants
Versus
1. Nawal Kishore Sharma Son of Late Nand Kishore Prasad
Sinha, resident of- Kishore Kutir, Rajendra Nager, Police
Station- Kadamkuan, District- Patna
2. Accountant General, Bihar, Patna
.... .... Respondents
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Appearance :
For the Appellant/s : Mr. Mithilesh Kumar Pathak, SC-7
With
Mr. Arun Kumar Prasad, AC to SC 7
For the Respondent/s : Mr. Banwari Sharma, Sr.Adv.
with
Mr. Shiv Kumar, Mr. Shahjanand
Sharma and Mr. Mangal Lok
Prabha, Advocate.
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CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI
and
HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)
7 20-08-2014With the help of this appeal, the appellants have put to challenge the order, dated 27.08.2012, passed, in Patna High Court LPA No.714 of 2014 (7) dt.20-08-2014 2 CWJC No. 12389 of 1999, by a learned Single Judge of this Court allowing the writ petition and directing the appellants herein, who were respondents in the writ petition, to pay arrears of pension of the father of the writ petitioner for the period between 01.03.1969 and 12.05.1975 and also to pay the family pension, due to the mother of the petitioner from 13.05.1975 till her death, along with interest at the rate of 18% per annum within a period of two months from the date of receipt/production of a copy of the order before the Commissioner and Secretary of the Rural Development Department.
2. Briefly stated, the material facts, giving rise to the writ petition, are as under:-
Petitioner's father, Late Nand Kishore Prasad Sinha, was appointed, in the year 1936, as a Junior Engineer in the District Board, Gaya and, in course of time, he became, on promotion, District Engineer. While serving as District Engineer in the District Board, the petitioner's father superannuated on 28.02.1969 and died in the year 1975. Long thereafter, in the year 1999, petitioner's mother, relying upon Letter No. 122(25)/health, Patna, dated 14.03.1986, issued by the Department of Health, Government of Bihar, extending benefit of pension to Inspectors/Compounders of District Boards, filed a writ Patna High Court LPA No.714 of 2014 (7) dt.20-08-2014 3 petition, which gave rise to CWJC No. 12389 of 1999, wherein petitioner's mother claimed that benefit of pension ought to have been made available to her husband and, upon her husband's death, to her. As the mother of the petitioner died before the writ petition could be disposed of, the petitioner, as legal representative, came to be substituted and became, thus, the writ petitioner.
3. Subsequent thereto, a Division Bench of this Court disposed of, on 03.07.1989, CWJC No. 5869 of 1986 (Ramphal Prasad v. The State of Bihar) and several other connected writ petitions, holding that when the Government has extended benefit of pension to some of the employees of the erstwhile District Boards, such as, Inspectors and Compounders of the District Board, the same benefit shall be extended to Teachers inasmuch as Teachers, employed by the District Boards, also belong to the same class as Sanitary Inspectors and Compounders of District Boards.
4. Relying upon the decision in Ramphal Prasad (supra) and analogous cases, the writ petition, which was filed by the respondent herein, was disposed with directions as have been indicated above. Aggrieved by the decision so rendered, this appeal has been preferred.
5. We have heard Mr. Mithilesh Kumar Parthak, Patna High Court LPA No.714 of 2014 (7) dt.20-08-2014 4 learned Standing Counsel No. 7, on behalf of the appellants, and Mr. Banwari Sharma, Senior Advocate, appearing on behalf of the respondent.
6. During the course of hearing, it has been brought to the notice of this Court that Letter No. 122 (25), dated 14.03.1986, has made it clear that the said Letter would be effective from 01.04.1971. As long as the operative date, i.e., 01.04.1971 is not interfered with, no employee of a District Board can receive pension on the strength of Letter No. 122(25), dated 14.03.1986, if he was not in service on 01.04.1971.
7. Appearing on behalf of the respondent, Mr. Banwari Sharma, learned Counsel, submits that the respondent will challenge the selection of the cut off date i.e., 01.04.1971, mentioned in Letter No. 122 (25), dated 14.03.1986.
8. Considering the fact that the policy decision, embodied in Letter No. 122 (25), dated 14.03.1986, has been brought into force on 01.04.1971 and the respondent's father superannuated on 28.02.1969, it becomes abundantly clear that the policy decision, contained in the Letter, dated 14.03.1986, aforementioned, shall not apply to the case of the respondent's father unless the Letter, dated 14.03.1986, Patna High Court LPA No.714 of 2014 (7) dt.20-08-2014 5 aforementioned is given retrospective effect.
9. In the backdrop of the view, which we have taken, no direction could have been given to make the arrears of pension available to the respondent herein unless operative date embodied in the Letter No. 122 (25), dated 14.03.1986, is modified with.
10. Situated thus, the impugned order, dated 27.08.2012, passed in CWJC No. 12389 of 1999, is hereby set aside. It would, however, remain open to the writ petitioner/respondent, as sought for on his behalf, to put to challenge the policy decision contained in the Letter No. 122(25), dated 14.03.1986, making the policy decision of granting pension operative with effect from 01.04.1971.
11. In terms of the above observations and directions, this appeal shall stand disposed of.
(I. A. Ansari, J) (Anjana Mishra, J) Snkumar/-
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