i Municipal employee on roll on the date of companyfirmation of this rule and who had subscribed to the companytributory provident fund under provident fund rules and want to be governed by these rules shall have the option to do so and such option shall be exercised in writing in the prescribed form Annexure 1 and submitted to their head of office within 90 days from the date of framing of this rule by the State Government.
Aggrieved, Ramashish Prasad and Vishwanath Ram filed Writ Petitions CWJC Nos.
863 and 914 of 2007 and by the impugned judgment, the Division Bench of the High Court upheld the finding of the learned Single Judge that the Rules came into effect on 13 11 1987 but held that as the two writ petitioners had number exercised their option for the pension as required by Rule 4 of the Rules and as their right to pension under the Rules was dependent upon the exercise of their option for pension, they were number entitled for the pension under the Rules.
While they were working in the Ara Municipal Corporation, the Bihar Municipal Officers and Servants Pension Rules, 1987 for short the Rules came into effect.
The Rules were to apply to all permanent employees of the Municipalities and Notified Area Committees in the State of Bihar.
The judgment dated 25th May, 2007 of the learned Single Judge was challenged by the Ara Municipal Corporation in L.P.A. Nos.
These appeals are against the judgment dated 4th March, 2009 of the Division Bench of the Patna High Court in L.P.A. Nos.
The Ara Municipal Corporation, however, did number give effect to the Rules until 19th June, 2004 on which date it adopted resolution to give pensionary benefits to its employees who had retired from service from the year 2000 onwards in accordance with the Rules.
The facts very briefly are that Ramashish Prasad and Vishwanath Ram were working with the Ara Municipal Corporation.
Leave granted.
Ramashish Prasad superannuated on 31st August, 1996 and Vishwanath Ram superannuated on 31st March, 1999.
Aggrieved, Ramashish Prasad and the legal heirs of Vishwanath Ram have filed these appeals before this Court.
863 and 914 of 2007.
