R.K.MERATHIA, J. - (1.) HEARD the parties at length.
(2.) THIS writ petition has been filed for quashing the order dated 27.3.2004 passed by the respondent NO.2 (Annexure -5) rejecting petitioner's representation and confirming the order dated 16.2.2000 passed by the Finance Commissioner, Bihar, Patna; and for directing the respondents to pay gratuity to be calculated by adding 97% Dearness Allowance (DA), pension on the basis of adding 295% DA, interest on the provident fund amount and medical allowance at par with the Government servant. Mr. A.K. Sahani, learned counsel, appearing for the petitioner, submitted as follows. Petitioner is an association representing retired officers and servants of Ranchi Municipal Corporation (Corporation for short). After retirement, its members are entitled to leave salary, gratuity, provident fund and medical allowance, etc. In view of the resolution under Memo No. 663 dated 3.2.1981 and Memo No. 1323 dated 11.4.1991 issued by the Urban Development and Housing Department, Government of Bihar the retired employees of the Corporation are to be treated at par with the State Government employees in the matter of payment of retiral benefits. He also relied on Rules 43 and 44 of Chapter VII of the Patna Municipal Corporation Officers and Servants Pension Rules, 1986 (Pension Rules, 1986 for short).
(3.) COUNSEL for the respondents supported the impugned order. They further submitted that this writ petition is not maintainable and is barred by res judicata in view of the order/judgment dated 23.7.1997 passed in C.W.J.C. 820 of 1997(R) and dated 23.9.2002 passed in C.W.J.C. No. 1473 of 2000(R), and moreover petitioner is guilty of suppressing the said order dated 23.7.1997 passed in C.W.J.C. 820 of 1997(R).;