STATE OF BIHAR Vs. BIHAR PENSIONERS SAMAJ
LAWS(SC)-2006-4-9
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on April 27,2006

STATE OF BIHAR Appellant
VERSUS
BIHAR PENSIONERS SAMAJ Respondents





Cited Judgements :-

SATYESH CH. DEB VS. STATE OF TRIPURA [LAWS(TRIP)-2020-2-25] [REFERRED TO]
JAI NARAYAN KAUSHIK VS. PRESIDING OFFICER [LAWS(P&H)-2013-1-164] [REFERRED TO]
STATE OF KERALA VS. BESSY MATHEW [LAWS(KER)-2020-10-390] [REFERRED TO]
R. PARASURAMA IYER AND ORS. VS. STATE BANK OF TRAVANCORE [LAWS(KER)-2016-3-38] [REFERRED TO]
UNITED PROJECTS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-7-135] [REFERRED TO]
JINDAL AGRO OILS BALWADA & OTHERS VS. STATE OF MADHYA PRAESH & OTHERS [LAWS(MPH)-2018-7-71] [REFERRED TO]
JAGMOHAN LAL AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2017-1-341] [REFERRED TO]
ALL PENSIONERS' FEDERATION CHERANMAHADEVI VS. STATE OF TAMIL NADU [LAWS(SC)-2014-7-87] [REFERRED TO]
GIRISHKUMAR VENISHANKAR PANDYA VS. STATE OF GUJARAT & 4 [LAWS(GJH)-2015-10-219] [REFERRED]
S.L.OZA VS. STATE OF GUJARAT [LAWS(GJH)-2013-10-5] [REFERRED TO]
AMARJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-5-69] [REFERRED TO]
S PARTHASARATHI VS. GENERAL MANAGER [LAWS(KAR)-2011-10-7] [REFERRED TO]
AKHAURI BIJAY PRAKASH SINHA VS. STATE OF BIHAR [LAWS(PAT)-2014-1-6] [REFERRED TO]
AMARENDRA KUMAR MOHAPATRA VS. STATE OF ORISSA [LAWS(SC)-2014-2-36] [REFERRED TO]
TAMIL NADU RETIRED TEMPLE EMPLOYEES ASSOCIATION, CHENNAI VS. SECRETARY TO GOVERNMENT, TAMIL DEVELOPMENT CULTURE AND RELIGIOUS ENDOWMENT DEPARTMENT AND ORS. [LAWS(MAD)-2015-9-311] [REFERRED TO]
ARUN KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2011-9-41] [REFERRED TO]
NIRMALYA BHATTACHARJEE VS. STATE OF MEGHALAYA [LAWS(MEGH)-2022-7-1] [REFERRED TO]
THE SATE OF MANIPUR AND ORS. VS. AMBITION RAGUI AND ORS. [LAWS(MANIP)-2015-4-14] [REFERRED TO]
STATE OF KARNATAKA VS. S.D. SHASHIDARA [LAWS(KAR)-2014-2-94] [REFERRED TO]
CHANDRAKANT DAHYALAL SHAH VS. CHAIRMAN - GUJARAT STATE HANDLOOM AND HANDICRAFT DEVELOPMENT CORPORATION LTD [LAWS(GJH)-2016-4-124] [REFERRED TO]
OM PRAKASH VS. UNION OF INDIA [LAWS(DLH)-2010-4-62] [REFERRED TO]
ASSOCIATION OF COLLEGE AND UNIVERSITY SUPERANNUATED TEACHERS VS. UNION OF INDIA [LAWS(BOM)-2024-2-2] [REFERRED TO]
CENTRAL SILK BOARD VS. ZMS KHAN [LAWS(JHAR)-2012-3-32] [REFERRED TO]
DHUDHABHAI NATHABHAI MOGA VS. SECRETARY AGRICULTURE CO-OPERATION AND RURAL DEVELOPMENT [LAWS(GJH)-2016-8-5] [REFERRED TO]
INDIAN OVERSEAS BANK VS. REGIONAL LABOUR COMMISSIONER (C) AND APPELLATE AUTHORITY [LAWS(SC)-2018-11-113] [REFERRED TO]
V.SWATHI VS. PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2019-9-95] [REFERRED TO]
STATE OF TRIPURA VS. ANJANA BHATTACHARJEE [LAWS(SC)-2022-8-74] [REFERRED TO]
SUDHIR KUMAR CONSUL VS. ALLAHABAD BANK [LAWS(SC)-2011-2-74] [REFERRED TO]
A.V. RAMAKRISHNA PILLAI S/O VELAYDHAN PILLAI VS. STATE OF KERALA [LAWS(KER)-2018-11-433] [REFERRED TO]
CENTRAL BANK OF INDIA VS. M. SETHUMADHAVAN & ORS. [LAWS(SC)-2017-3-143] [REFERRED TO]
ADDITIONAL ASSISTANT ENGINEERS ASSOCIATION VS. STATE OF GUJARAT [LAWS(GJH)-2012-3-49] [REFERRED TO]
UNITED BANK OF INDIA RETIREES WELFARE ASSOCIATION VS. UNITED BANK OF INDIA & ORS [LAWS(CAL)-2016-9-146] [REFERRED]
KAMALA METHARANI VS. BOARD OF COUNCILLORS [LAWS(CAL)-2010-3-59] [REFERRED TO]
RAMESH VISHNU DALVI VS. GENERAL MANAGER [LAWS(GJH)-2022-7-1519] [REFERRED TO]
VAGHARI DAHYABHAI KESHAVLAL VS. STATE OF GUJARAT [LAWS(GJH)-2016-7-114] [REFERRED TO]
KUMBAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2012-11-78] [REFERRED TO]
STATE OF PUNJAB VS. GIAN CHAND [LAWS(SC)-2012-12-68] [REFERRED TO]
RAJESH SONANIA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2014-10-30] [REFERRED TO]
ISWANTI WIFE OF LATE SH BALBIR SINGH AND ORS VS. HARYANA URBAN DEVELOPMENT AUTHORITY THROUGH ITS CHIEF ADMINISTRATOR AND ORS [LAWS(P&H)-2010-3-245] [REFERRED]
STATE OF HIMACHAL PRADESH VS. NARAIN SINGH [LAWS(SC)-2009-7-85] [REFERRED TO]
MADRAS HIGH COURT STAFF ASSOCIATION VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2007-4-222] [REFERRED TO]
JAGDIP PARMANANDBHAI RAVAL VS. STATE OF GUJARAT [LAWS(GJH)-2015-12-4] [REFERRED TO]
STATE LANGUAGE TEACHERS ASSOCIATION HYDERABAD VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2010-4-116] [REFERRED TO]
STATE LANGUAGE TEACHERS ASSOCIATION HYDERABAD VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2010-4-116] [REFERRED TO]


JUDGEMENT

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.


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