Aghmochan Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4561 of 2017 =========================================================== Aghmochan Jha, S/o Late Nak Ched Jha, residing a Siddharha Puram, Ram Dayal Nagar, P.S.- Bhagwanpur in the town and District of Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary Government of Bihar, Patna.

2. Vice-Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur.

3. Registrar, B.R. Ambedkar Bihar University, Muzaffarpur.

4. Finance Officer, B.R. Ambedkar Bihar University, Muzaffarpur.

5. Finance Adviser, B.R. Ambedkar Bihar University, Muzaffarpur.

6. Principal Secretary, Department of Human Resources Bihar, Patna.

7. Principal Secretary, Department of Finance, Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the University :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 09-03-2018 Heard learned counsel for the petitioner; State and B.R.A. Bihar University (hereinafter referred to as the 'University').

2. The petitioner seeks direction for payment of full pension having completed 20 years of qualifying service on the date he superannuated i.e., 31.08.2008.

3. Initially, the State and the University resisted his

Patna High Court CWJC No.4561 of 2017 dt.09-03-2018 2/3 prayer on the ground that though the State has come up with the notification to grant such benefit but it would be applicable prospectively from 23.09.2009, when the State issued such notification making persons who had completed 20 years of service to be eligible for full pension in place of the previous requirement of the period being 33 years.

4. At this juncture, learned counsel for the University referred to the judgment in the case of Nawal Kishore Sharma vs. State of Bihar reported as 2017(3) PLJR 38, in which it has been held that such benefit shall also be given to persons who had superannuated between 01.04.2007 to 23.09.2009 i.e., all persons superannuating on or after 01.04.2007 and who have completed 20 years of service shall be entitled to full pension. He submitted that the present case be also disposed off in the same terms.

5. Learned counsel for the petitioner agrees to the same.

6. In view thereof, the writ petition stands disposed off in terms of the judgment in the case of Nawal Kishore Sharma (supra). The petitioner is also held entitled to the same relief as has been granted by the Court to Nawal Kishore Sharma.

7. However, the time frame fixed by the co-ordinate Bench of completing the exercise of re-fixing and payment of full pension to the petitioner of four months shall run from the date of

Patna High Court CWJC No.4561 of 2017 dt.09-03-2018 3/3 production of a copy of this order before the respondent no. 3. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U