Simplified Explanation of the Judgment
The Patna High Court, in a judgment dated 28 January 2021, considered the claim of two retired government employees from Nalanda district who sought full pension benefits under revised government resolutions.
Background
- The first petitioner was appointed as a Village Level Worker in June 1977 and retired in January 2008.
- The second petitioner was appointed as a Village Extension Worker in September 1978 and retired in July 2009.
- Both had completed more than 20 years of service before retirement but had not completed the earlier requirement of 33 years of qualifying service.
Under the old pension rule, an employee had to complete 33 years of service to be eligible for full pension. However, the Finance Department, Government of Bihar, issued a revised resolution (Memo No. 819 dated 23.09.2009), later confirmed by Memo No. 50(F) dated 15.01.2016, which provided that:
- Employees who completed 20 years of service and retired between 01.04.2007 and 23.09.2009 would also be eligible for full pension.
Since both petitioners retired within this window (Jan 2008 and July 2009), they claimed entitlement to full pension benefits.
State’s Stand
The State, through its counter affidavit, admitted that:
- The petitioners fall within the eligible period and have completed more than 20 years of service.
- Their pension papers had already been forwarded to the Accountant General, Bihar, Patna, for re-fixation of pension as per the revised circular.
- Once approved, the revised pension would be granted.
High Court’s Observations and Decision
- The Court noted that the petitioners clearly came under the benefit of the 2009 and 2016 government resolutions.
- Since the Accountant General is the competent authority to finalize pension fixation, the Court directed the petitioners to submit fresh representations before the Accountant General within two weeks.
- The Accountant General was ordered to decide the matter and re-fix pension within four weeks thereafter.
Thus, the Court effectively upheld the petitioners’ right to full pension and ensured an expedited process for its implementation.
Significance or Implication of the Judgment
- Relief for retirees: This judgment secures pensionary benefits for a large class of government employees who retired between April 2007 and September 2009 with at least 20 years of service.
- Clarification of rules: The case clarifies that the revised rule of 20 years applies retrospectively to those who retired within the notified period.
- Administrative accountability: By directing the Accountant General to act promptly, the Court ensured speedy resolution instead of leaving retirees in uncertainty.
- Financial security: Pension is a livelihood support; delays or misapplication of rules can cause undue hardship to retirees, which the Court sought to prevent.
Legal Issue(s) Decided and the Court’s Decision
- Were the petitioners entitled to full pension despite not completing 33 years of service?
— Yes. Since they retired between 01.04.2007 and 23.09.2009 with more than 20 years of service, they are covered by the revised government resolutions. - What was the Court’s direction?
— Petitioners to file representations before the Accountant General, who must re-fix pension within four weeks of receiving such applications.
Case Title
Bindeshwar Prasad & Anr. v. State of Bihar & Ors.
Case Number
Civil Writ Jurisdiction Case No. 2643 of 2020
Citation(s)
2021(1)PLJR 554
Coram and Names of Judges
Hon’ble Mr. Justice Ashwani Kumar Singh
Names of Advocates and who they appeared for
- For the petitioners: Mr. Arun Kumar Tiwari, Advocate
- For the respondent-State: Mr. Anant Pd. Singh, SC-15
Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/MTUjMjY0MyMyMDIwIzEjTg==—ak1–9cfY64Uzac=
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