AJIT KUMAR SINHA, J. - (1.) THE present writ petition has been preferred for issuance of writ of mandamus directing the respondents to pay the arrears of gratuity amount at the rate fixed by the Govt. decisions and University law/Statute w.e.f. 1.4.1997 and to quash that part of the letter No. 601 dated 6.7.2006, issued by the respondent No. 4 fixing 15.11.2000 as effective date for payment of gratuity at par with Govt. servant to the University teachers.
(2.) THE facts, In brief, are stated as under: The petitioner retired from services on 31.1.1998 from Ramgarh College, Ramgarh which comes under Vinoba Bhave University, Hazaribag, and the same comes under the jurisdiction of the Administrative Control, State of Jharkhand w.e.f. 15.11.2000 after the Reorganization Act came into force. There is no dispute about the fact that the petitioner retired from the Ramgarh College, Ramgarh which now comes under the jurisdiction of the State of Jharkhand. Even as per the agreement entered into between the Chief Secretary, Govt. of Bihar and Jharkhand, financial liability will be borne by the concerned State under which jurisdiction the persons are working or have retired. However, the same is not in dispute in the present case and the State of Jharkhand has also agreed to that effect and the State of Bihar also filed affidavit in this regard.
(3.) THE only contention raised by the learned Counsel for the petitioner is that he is entitled to the benefit as extended vide notification dated 22.12.1999, which is applicable to all such pensionaries who retired from 1.1.1996 to 1.4.1997. He has referred to "clause 10" of the Bihar Pension Niyamawali to support his contention which is quoted as under: (Local language);