The respondents, therefore, filed an L.P.A. wherein the aforesaid submission, based on Statute 16, has been accepted by the Division Bench.
Civil Appeal No.200/2011 This appeal, by special leave, seeks to challenge the judgment and order dated 23rd July, 2008 passed by the High Court of Judicature at Patna in L.P.A.No.439 of 2008.
We have heard Mr.Manish Kumar, learned companynsel appearing for the appellant State of Bihar and Mr.P.N.Mishra, learned senior companynsel appearing for the respondent number1 and Mr.Atul Jha, learned companynsel appearing for respondent number.2 to 6 in C.A.No.200 of 2011 etc.
In this regard, it may be pertinent to quote Statute 16 of the University, which reads as follows An employee eligible for pension under any of the categories mentioned above, shall be granted pension according to the scales given in schedule A I if he ceased to be in University service between 1 4 72 and 31 12 72 and schedule A ii if he ceased to be in University service between 1 1 73 and 30 3 79.
Their case was that the State of Bihar had merged 50 of the Dearness Allowance for short D.A. into the basic pay for the purposes of calculating the pension, vide its resolution dated 11.04.2005 and which resolution was to be given effect from 01.01.2005.
It was pointed out by them that in spite of passing of this resolution, the benefit thereof was number being given to them.
Since the facts arising from all these appeals are similar, we take Civil Appeal No.200 of 2011 as the lead case.
Being aggrieved by this judgment and order, present Civil Appeal has been filed by the State of Bihar.
and other respective companynsel in the companynected appeals.
