VIKRAMADITYA PRASAD, J. - (1.) HEARD both sides.
(2.) THIS is a case in which the petitioner, who retired on 31 -1 -2000 as an employee of erstwhile Bihar State Electricity Board, has claimed retiral dues. Admittedly, on that date neither the State of Jharkhand nor the Jharkhand State Electricity Board was in existence. The question is who will pay the retiral dues to the employees who retired prior to the creation of State of Jharkhand or J.S.E.B.
(3.) SECTION 53 of the Bihar Re -organization Act reads with schedule 8 of the said Act require consideration for answering this question. Section 53 of the Act reads as follows : 'The liability of the existing State of Bihar in respect of pension and other retirement benefits shall pass to, or be apportioned between, the successor State of Bihar and Jharkhand in accordance with he provisions contained in the Eighth Schedule to this Act'. Schedule 8 reads as follows : 'Apportionment of liability in Respect of Pensions and other Retirement benefits: (1) Subject the adjustment mentioned in paragraph 3 each of the successor State shall in respect of pension and other retirement benefits sanctioned before the appointed dated, pay from their respective treasuries. (2) Subjects to the said adjustments, the liability in respect of pensions and other retirement benefits of officers serving in connection with the affairs of the existing State of Bihar, who retire or proceed on leave preparatory to retirement before the appointed day, but whose claims for pensions and other retirement benefits are outstanding immediately before that day, shall be the liability of the State of Bihar. (3) Subject to the said adjustments, sanctions of such pension and other retirement benefits by the competent authority may be given in those cases, in which their office falls in the territory of Jharkhand State. (4) There shall be computed, in respect of the period commencing on the appointed day and ending on the 31st day of March of that financial year and in respect of each subsequent financial year, the total payments made in ail the Successor States in respect of pensions and other retirement benefits referred to in paragraphs 1 and 2. That total representing the liability of the existing State of Bihar in respect of pensions and other retirement benefits shall be apportioned between the successor States in the ratio of number of employees of each successor State and any successor State paying more than its dues share shall be reimbursed the excess amount by the successor State or State paying less. (5) The liability of the existing State of Bihar in respect of pensions and other retirement benefits granted before the appointed day and drawn in any area outside the territories of the existing State shall be the liability of the State of Bihar paying subject to adjustments to be made in accordance with paragraph 3 as if such pensions and other retirement benefits had been drawn in any treasury in the State of Bihar under paragraph 1. (6) The liability in respect of the pensions and other retirement benefits of any officer serving immediately before the appointed day in connection with the affairs of the existing State of Bihar and retiring, on or after that day, shall be that of the successor State granting him the pension and other retirement benefits, but the portion of the pension and other retirement benefits attributable to the service of any such officer before the appointed day in connection with the affairs of the existing State of Bihar shall be allocated between the successor State in the population ratio and the Government granting the pension and other retirement benefits shall be entitled to receive from each of the other successor States its share of this liability. (7) Any reference in this Schedule to a pension and other retirement benefits shall be construed as including a reference to the commuted value of the pension and other retirement benefits. ;