State Of Bihar vs Dwarika Nath Jha And Ors. on 26 July, 1988
7. Having heard counsel for the parties, I am of the view that there is apparent conflict in the two Division Bench decisions of this Court rendered in the case of State of Bihar and Ors. v. Kedar Nath Jha and Ors. (Supra) and the case of Mohan Lal Singh v. The State of Bihar and Ors. but as the subsequent judgment in the case of Mohan Lal Singh has not taken notice of the earlier Division Bench Judgment in the case of State of Bihar and Ors. v. Kedar Nath Jha and Ors. as also the provisions of the resolution of the State Government issued by the Finance Department bearing No. 304 dated 31.7.1980, whereunder the State Government amended relevant provisions of the Bihar Pension Rules, Treasury Code and Bihar Service Code vide Clause (21) of the resolution and simplified the procedure which is required to be gone into for finalizing the pension/gratuity of the service-holder mandating that the entire exercise to finalize the pension and gratuity including issue of payment order must be completed one month prior to the actual date of retirement of the service-holder vide Clause (2)(Gha) having not been considered in the subsequent judgment of the Division Bench, I am not inclined to rely on the subsequent judgment which in my considered opinion appears to be per incuriam of the relevant provisions amending the pension Rules as also the earlier Division Bench judgment of this Court.