Patna dated 11.5.1.990 and companytended that rule 161 b of Bihar Pension Rules, 1950 for short, the Rules would stand attracted to the respondents and, therefore, the respondents are number entitled to any pension in excess of the pension calculable on the last substantive pay drawn by them.
He was transferred i.e. sent on deputation to the Rajendra Agricultural University.
1/A, P.G.O. 30/85 Agrl.
SCR 48 The following Order of the Court was delivered Leave grunted.
On their retirement, a question arose whether the Government is liable to pay pension and if so, to what extent, Since the Government was disowning the liability to pay pension, they approached the High Court under Article 226 of the Constitution.
We have heard the companynsel for the parties These appeals by special leave arise from the order dated December 18.
and were absorbed as University employees.
1991 of the Division Bench of Patna High Court at Ranchi in C.WJ.C. No.
1 was appointed as a Government servant on April 13, 1955 and at the relevant time when he went on deputation he was Senior Research Assistant working in the Agriculture Department.
He tendered his resignation in 1977 and was absorbed as an employee of he University.
The stand taken by the Government was that under s,39 20 of the Rajendra Agricultural University Act, 1971 for short, the Act , they must he deemed to be re employed and, therefore, the State was number liable to pay any pension since they resigned and were re employed in the University, The Government also relied upon letter bearing No.
The facts are number in dispute.
Similarly, respondents 2 9, while working as Government servants, went on deputation to the Rajendra University and they resigned in 1981.
Respondent No.
911/91.
