Vikramaditya Prasad, J. - (1.) HEARD both sides.
(2.) IN this case the petitioner prays for issuance of a writ of mandamus directing the respondents to make payment of the gratuity amount, provident fund amount, leave, encashment and any other amounts payable to the father of the petitioner, who died in harness on 6.9.1992, when he was working as forester in the State Trading Division Chatra South, Chatra, erstwhile Bihar State. Admittedly, on that date State of Jharkhand was not in existence. The question is who will pay all the dues/retrial dues to an employee who died in harness/retired prior to the creation of State of Jharkhand.
(3.) SECTION 53 of the Bihar Reorganization 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 benefit shall pass to, or be apportioned between, the successor States of Bihar and Jharkhand in accordance with the 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 to the adjustment mentioned in paragraph 3 each of the successor State shall in respect of pension and other retirement benefits sanctioned before the appointed date, 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 all 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 appointed between the successor States in the ratio of number of employees of each successor State and any successor State paying more than its due share shall be reimbursed the excess amount by the successor State or State paying less.;