PRAMATH PATNAIK,J. - (1.) In the accompanied writ application, the petitioners who are retired employees of Ranchi Municipal Corporation, having putting in more than 30 years of service, have sought for direction upon the respondents to release the pension of the petitioners in terms of Patna Municipal Corporation Officers and Service Pension Rules, 1986, which was adopted by the officers/employees of the Ranchi Municipal Corporation specially in consonance with Rule 44 of the said Rule and for direction upon the respondents restraining them to provide the amount of pension to the petitioners in terms of Rule 19 of Patna Municipal Corporation Officers and Servant Pension Rules as adopted for Ranchi Municipal Corporation since fixation under Rule-19 was made in the year 1987 and in the meantime, 5th Pay Revision and 6th Pay Revision have been effected for the State Government Employees with effect from 01.01.1996 to 01.01.2006 respectively. Further, prayer has been made for issuance of writ of mandamus commanding upon the respondents to calculate and fix the pension of the petitioners as provided under Rule 43 and 44 of the said Rules and the same should be paid to the petitioners with interest.
(2.) The brief facts, as depicted in the writ petition, is that the petitioners who have been holding different posts under Ranchi Municipal Corporation retired on attaining the age of superannuation by rendering more than 30 years of service. The Ranchi Municipal Corporation was constituted in the year, 1979 and the Patna Municipal Corporation Act, 1951 has been adopted by Ranchi Municipal Corporation. Patna Municipal Corporation has constituted Patna Municipal Corporation Officers and Servant Pension Rules, 1986 (hereinafter called Pension Rule, 1986) and the said Pension Rule has been adopted by the Ranchi Municipal Corporation in the year, 1987. As per Rule 19 of the said Rule, the pension of the employees of Corporation was determined based on the existing pay scale as well as the total emoluments in the year, 1987 in accordance with 4th Pay Revision Committee Report and the maximum ceiling of the pension of Rs. 1500/- per month was fixed. As per the Rule 44 of the Pension Rule, 1986, it has been provided that the amount of pension when revised in the case of the Government servant be admissible to corporation employees. Under Rule 45 of the Pension Rules, 1986, the method of calculation of pension has been given. Since, the petitioners were not getting pension till date filed representation for payment of pension in accordance with the calculation made on the basis of last pay drawn, but the said representation did not evoke any responses from the respondents. Being aggrieved by inaction on the part of the respondents in not paying the pension from time to time, the petitioners left with no other alternative remedy have knocked the doors of this Court under Article 226 of the Constitution of India for redressal of their grievances.
(3.) Counter-affidavit dated 19.03.2013 has been filed on behalf of respondent no.2, wherein it has been stated that Ranchi Municipal Corporation in its meeting held on 18.07.2012 had taken a decision to pay its employees gratuity and pension equivalent to the State Government Employees. The Chief executive officer, Ranchi Municipal Corporation vide letter dated 24.07.2012 requested the Urban Development Department for sanction of the resolution of the board with regard to payment of gratuity, pension etc. to the officers and employees equivalent to employees of the State of Jharkhand. Further, it has been stated that Urban Development Department has prepared the draft of Local Bodies Employees Service, Cadre (Appointment, Promotion and Service Condition Rule-2012) and also the Urban Development Department constituted a committee under the Chairmanship of Secretary, Urban Development Department for examination and verification of the Rule, 2013. Further, it has been submitted that Jharkhand Municipal Act, 2011 (Act 07/2012) under section 58 (1) of (2) and 614 confers the State to make rules which is in process. Until and unless the rule is framed by the State Government, liabilities of pension and other retiral benefits would be the subject of the concerned Urban Local Bodies as per office memo dated 17.12.2008 from the beginning as per Annexure-A to the counter-affidavit.;