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Judgment
Heard learned counsel for the parties.
The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-
“I. To command the respondents to pay emolouments of retiral dues, after calculating the benefit of first and second ACP granted vide departmental Memo No. 3715 dated 23.05.2008 by the Respondent payable with effect from 09.08.1999.
II. To command the Respondents to pay suitable interest on payable dues w.e.f. 09.08.1999.
III. To grant any other relief or reliefs to which the petitioner is legally entitled to.”
Learned counsel appearing on behalf of the petitioner submitted that the case of the petitioner is covered by the judgment of a co-ordinate Bench of this Court passed in C.W.J.C. Nos. 18233 of 2016 vide order dated 02.05.2019. In light of the aforesaid judgment, learned counsel submitted that there is apparent incorrect calculation while fixing pension of the petitioner, as a result of which, the pension of the petitioner has been reduced, as such the respondents have erred in fixing the pension of the petitioner. Learned counsel further informs that in spite of several representations filed by the petitioner before the Superintending Engineer, Planning and Monitoring, Circle No.I, Water Resource, Patna - respondent no.4 and the Accountant General, Bihar – respondent no.5, the respondents have not taken any effort to accordingly fix the pension of the petitioner in accordance with law.
A counter affidavit has been filed on behalf of respondent nos. 1 to 4. Paragraph Nos. 6 to 12 are reproduced hereinafter:
“6.That the writ application under reply has been filed by the petitioner seeking direction to the respondents to pay emoluments of retiral dues after due calculation of benefit of ACP granted vide departmental order contained in memo no. 3715 dated 23.05.2008 along with interest.
7.That at the very outset it is submitted that the petitioner has approached this Hon'ble Court after lapse of about 16 years of issuance of the aforesaid order and as such the writ application is fit to be dismissed in limine on the sole ground of delay and laches on part of the petitioner.
8.That it is stated that the petitioner superannuated on 31.10.2002 while working as Assistant Engineer (current charge) in Planning and Monitoring Circle No.-1, Patna of the Water Resources Department, Bihar.
9.That so far as grant of benefit of ACP is concerned, it is stated that the Bihar State Employees Service Condition (Assured Career Progression Scheme) Rules was notified by the State Govt, in the year 2003 and was enforced with effect from 09.08.1999. The said Rules were amended by the Finance Department vide notification no. 769 dated 28.01.2008. In the light of provisions made under said Rules, the Water Resources Department, Bihar, Patna sanctioned the benefit of 1st and 2nd ACP to the Junior Engineers (Civil) including the petitioner in the higher pay scale of Rs.6500-10500/- and Rs.10000-15200/-respectively vide order contained in memo no. 3715 dated 23.05.2008. Since the petitioner had completed more than 24 years' regular service on 09.08.1999, he was sanctioned the benefit of 1" and 2nd ACP with effect from 09.08.1999 in the said higher pay scales. It is pertinent to mention hence that memo no. 3715 dated 23.05.2008 states that pay fixation has to be done under Pay fixation FR 22(i)a(i) which mandates fixation of pay without considering personal pay.
10.That the pursuant to the aforesaid departmental order, and rule 22(i)a(i) the Superintending Engineer, Planning and Monitoring Circle No.-1, Patna fixed the salary of the petitioner in the higher pay scale of Rs.6500-10500/- and Rs. 10000-15200/- with effect from 09.08.1999 vide office order contained in Memo No. 584 dated 27.06.2008.
11.That having been received objection of the petitioner, the service book of the petitioner and the concerned file was sent to the Finance Department seeking its opinion. The said. department opined that the pay-fixation of the petitioner is correct however the same may be verified by the District Accounts Officer.
12.That as per advice of the Finance Department, the Superintending Engineer issued fresh pay fixation order vide office order contained in memo no. 532 dated 19.07.2022 and sent the same to the District Accounts Officer, Patna vide letter no.533 dated 19.07.2022. The said officer verified the same and reported vide letter no. 1097 dated 05.08.2022 that the said pay-fixation is correct.”
Having heard the rival submissions made on behalf of the parties and having perused the Office Order dated 19.07.2022 contained in Memo No. 532 issued by the Superintending Engineer and prior to that Office Order dated 27.06.2008 contained in Memo No. 584, I find that Rule 22(i)a(i) provides for component which are required for calculation while fixing pension.
Considering the said provisions, a co-ordinate Bench of this Court in C.W.J.C. No. 18233 of 2016 (Shobhit Rai Vs. The State of Bihar & Ors.) relying upon the earlier judgment passed by this Court in C.W.J.C. No. 18370 of 2009 (Singhasan Singh Vs. State of Bihar & Ors.) disposed of on 26.06.2013 and C.W.J.C. No. 14287 of 2008 (Akhileshwar Prasad Vs. State of Bihar & Ors.) disposed of on 10.07.2014 also Finance Department Notification No. PC-01/99-11556 dated 22.12.1999 have found that while calculating last pay drawn and fixing pension, RPP (Reducible Personal Pay) cannot be excluded.
Based on the above observation made by all the three co-ordinate Benches of this Court, as well as, specific provision as contained in Rule 22(i)A(i), respondent no.4 is directed to recall the Office Order dated 19.07.2022 contained in Memo No. 532 forthwith which is based on incorrect noting of Section Officer and the pension of the petitioner is required to be fixed as per the clarification which was provided by the Finance Department to Superintending Engineer vide letter no. 1097 dated 05.08.2022.
Respondent No.4 – Superintending Engineer, Planning and Monitoring, Circle No.-1, Water Resource, Patna is under obligation to re-fix the pension of the petitioner in accordance with law in light of the judgment of three co-ordinate Benches of this Court as mentioned above.
Above exercise is directed to be completed well within a period of six weeks from the date of communication of this order.
Accountant General, Bihar is also under obligation to comply with the judgment of the co-ordinate Benches of this Court which have not been challenged till date as informed on behalf of the respondent no.4.
With the above observation and direction, the writ petition stands disposed of.