ST ATE OF BIHAR AND ORS. ETC. ETC. versus B.S. MATHUR AND ORS. ETC. ETC.

ST ATE OF BIHAR AND ORS. ETC. ETC. versus B.S. MATHUR AND ORS. ETC. ETC.

State Government's liability to pay proportionate pension to erstwhile government servants absorbed into University service after resignation is confined to calculation with reference to last substantive pay drawn, as envisaged by Section 39(19) of the 1971 Act and the proviso to Rule 161(b) of the Bihar Pension...

Source-derived case information.

Parties
Appellant: State of Bihar and Ors.; Respondent: B.S. Mathur and Ors.; Respondent Advocate: Sanjoy Kr. Ghosh; Respondent Advocate: B.K. Gupta
Jurisdiction
India
Judgment Date
24 August 1995
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeals allowed
Legal Topics
Pension, Deputation, Resignation, Absorption, Proportionate Pension
Service Law Pension Deputation Resignation Absorption Proportionate Pension

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Summary, issues, holding and outcome

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Parties

State of Bihar and Ors.

Appellant

B.S. Mathur and Ors.

Respondent

Sanjoy Kr. Ghosh

Respondent Advocate

B.K. Gupta

Respondent Advocate

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether State Government is liable to pay proportionate pension to government servants who resigned and were absorbed into the University after deputation.
  2. 2 Extent of State's liability under Section 39(19) of the Rajendra Agricultural University Act, 1971 and Rule 161(b) of the Bihar Pension Rules, 1950.

Ratio Decidendi

State Government's liability to pay proportionate pension to erstwhile government servants absorbed into University service after resignation is confined to calculation with reference to last substantive pay drawn, as envisaged by Section 39(19) of the 1971 Act and the proviso to Rule 161(b) of the Bihar Pension Rules, 1950. University and Government should calculate proportionate pension accordingly; other retirement benefits based on University service are not borne by the Government.

Court Disposition

Appeals allowed

Orders

  • Government and University shall calculate pension with reference to last substantive pay drawn as envisaged by Section 39(19) of the Act and Rule 161(b) of the Bihar Pension Rules, 1950.
  • Payment to be made within three months from the receipt of the order.