DEVAKI NANDAN PRASAD versus STATE OF BIHAR & ORS.

DEVAKI NANDAN PRASAD versus STATE OF BIHAR & ORS.

The State and all its officers are bound to compute the petitioner’s pension on the footing that he is a member of Bihar Education Service and was promoted to Class II and Class I posts from the dates recognized by the Chief Minister and the earlier Supreme Court judgment. The pension must be computed accordingly, arrears paid within stipulated time with interest, and exemplary costs awarded for harassment.

Parties
Petitioner: Devaki Nandan Prasad; Respondent: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
22 April 1983
Procedural Posture
Writ Petition / Final Judgment
Outcome
Petition allowed
Legal Topics
Pension Entitlement, Compliance With Court Orders, Contempt of Court, Computation of Pension, Government Service Classification
Constitutional Law Administrative Law Service Law Pension Entitlement Compliance With Court Orders Contempt of Court Computation of Pension Government Service Classification

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Parties

Devaki Nandan Prasad

Petitioner

State of Bihar & Ors.

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether the petitioner is entitled to pension as a member of Bihar Education Service under Rule 5 of Bihar Pension Rules
  2. 2 Whether the State must compute the petitioner’s pension based on Class II and I service as recognized by the Chief Minister and prior Supreme Court decision
  3. 3 Whether the State's failure to comply with prior Supreme Court mandamus can attract exemplary costs and contempt proceedings

Ratio Decidendi

The State and all its officers are bound to compute the petitioner’s pension on the footing that he is a member of Bihar Education Service and was promoted to Class II and Class I posts from the dates recognized by the Chief Minister and the earlier Supreme Court judgment. The pension must be computed accordingly, arrears paid within stipulated time with interest, and exemplary costs awarded for harassment.

Court Disposition

Petition allowed

Orders

  • State of Bihar and its officers to compute pension on the footing as directed, including Class II and Class I posts from deemed dates
  • Pension payment order to be issued by July 31, 1983