Srikrishna, J. - (1.) The appellants impugn the judgment of the Division Bench of the High Court of Judicature at Patna which struck down an Act of the State Legislature styled as "The Bihar State Government Employees Revision of Pension, Family Pension and Death-cum-Retirement Gratuity (Validation and Enforcement) Act, 2001 (hereinafter referred to as the "Validation Act") on the ground that it was enacted to frustrate, sidetrack and avoid an earlier decision of the High Court.
(2.) A notification, Resolution No. P.C.I. - ID/S7/-1853-F, dated 19-4-1990, was issued by the State Government relating to provisions regulating Pension and Death- cum-Retirement Gratuity pursuant to the recommendations of a Special Committee known as "Fitment-cum-Pay Revision Committee". The notification declared that, after considering the recommendations of the aforesaid Committee the State Government, after due deliberations, had decided to revise the provisions regulating Pension, Family Pension and Death-cum-Retirement Gratuity of the State Government employees "to the effect and extent indicated in the subsequent paragraphs". That certain benefits were made available under the said notification is common ground. However, the effective date of the notification was fixed as 1-1-1986, although the notification declared that, the financial benefits of revision of pension would be admissible only with effect from 1-3-1989 and no arrears would be paid for the period 1-1-1986 to 28-2-1989. Paragraph 1 of the said notification is relevant and reads as under : "1. (i) Date of effect: The revised provisions as per these orders shall apply to Government servants, who retire/die in harness on of (sic) after the 1st January, 1986. The revision of pension with effect from 1st January, 1986 shall be merely notional as the financial benefit of revision of pension will be admissible only with effect from 1st March, 1989, to it, no arrears accruing from revision of pension during the period from 1st January, 1986 to the 28th February, 1989 shall be paid to the pensioners. (ii) Where pension has been provisionally sanctioned in cases occurring on or after 1st January 1986, the same shall be revised in terms of these orders. In cases where pension has been finally sanctioned under the pre-revised orders, the same shall be revised in terms of these orders, provided such revision is to the advantage of the pensioner (sic)."
(3.) Apart from pension, the notification also revised Death-cum-Retirement Gratuity but again no revision of Death-cum-Retirement Gratuity was made in respect of Government servants who retired/died in harness on or after 1-1-1986 and up to 28-2-1989. Certain revision was made in dearness allowance, but the same was admissible only with effect from 1-7-1989. An option was given to those who had retired or would be retiring between 1-1-1986 and 30-6-1989 to have their pension and retirement gratuity calculated under the rules in force immediately before coming into effect of the concerned notification.;