IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7605 of 2009 PATNA UNIVERSITY RETIRED TEACHERS’ ASSOCIATION THROUGH ITS SECRETARY PROF. SUHAS KUMAR GANGULI, HAVING ITS OFFICE BEHIND PATNA UNIVERSITY LIBRARY, PATNA --------- Petitioner Versus 1. THE STATE OF BIHAR 2. Commissioner and Secretary, Finance Department, Govt. of Bihar, Old Secretariat,Patna 3. Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 4. Patna University, Patna through its Registrar 5. The Vice Chandellor, Patna University,Patna 6. The Registrar,Patna University,Patna 7. Finance Officer,Patna University,Patna 8. Financial Advisor, Patna University,Patna ----------------------------- Respondents With CWJC No.8397 of 2010 DR.(MRS.)PRATIBHA SINGH, aged about 67 years wife of Sri Balkishan Prasad Narayan Singh, resident of Flat No.204, Hardi Estate Bank Road, Police Station , Gandhi Maidan, District-Patna ------------------ Petitioner Versus 1. THE STATE OF BIHAR through Principal Secretary, Human Resources Development Department, Govt. of Bihar, having his office in Vikas Bhawan, Police Station-Sachivalaya, District-Patna 2. The Vice Chancellor, Patna University, Police Station-Pirbahore, District-Patna 3. The Registrar, Patna University, Police Station-Pirbahore,District- Patna 4. The Finance Officer, Patna University, Police Station- Pirbahore,District-Patna -------------------------- Respondents With CWJC No.7542 of 2010 ANNAPURNA DEVI, Wife of Late Brajendra Prasad, resident of Village- Nikhtigarh, P.S. Raghunathpur, District-Siwan --- Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Human Resources Development Department, Govt. of Bihar,Patna 2. Magadh University, Bodh Gaya, District-Gaya through the Registrar 3. Vice Chancellor, Magadh University, Bodh Gaya, District-Gaya 4. Registrar, Magadh University, Bodh Gaya, District-Gaya 5. Finance Officer, Magadh University, Bodh Gaya, District-Gaya 2 ------------------------------- Respondents With CWJC No.8768 of 2010 SMT.SURAIYA PARVEEN, aged about 67 years, wife of Late Dr. M. Shamsul Haque, resident of Flag no.301, High Tech, Regency Apartment, Near Vishnu Place, K.M. Singh Lane, East Boring Canal Road, District-Patna ------------------- Petitioner Versus 1. THE STATE OF BIHAR through Principal Secretary, Higher Education, Human Resources Development Department, Govt. of Bihar, having his office in Vikas Bhawan, Police Station-Shastri Nagar, District-Patna 2. The Vice Chancellor, Patna University, Police Station-Pirbahor, District-Patna 3. The Registrar, Patna University, Police Station-Pirbahore, District- Patna 4. The Finance Officer, Patna University, Police Station-Pirbahore, District-Patna ----------- Respondents ----------- For the petitioners: 1. Mr. Gyanand Roy & 2. Sri Sheonandan Mishra, Advocates For the Patna University: Mr. Ajay Kumar Sinha, Advocate For the State : Sri Arjun Prasad Singh, A.C. to SC II (In C.W.J.C.No.7542 of 2010) --------------- 15 21-12-2010 In all the aforesaid writ petitions, prayer has been made for directing the Respondents to compute the pension of petitioners, who are teachers/Professors of the University within the State of Bihar with effect from 1.1.2005 after merger of 50 % dearness relief in their basic pension and to make payment of arrears of pension. In all the aforesaid writ petitions, the petitioners are either retired teachers or University Professors. Accordingly, the aforesaid writ petitions were heard together with the consent of the parties and the same are being disposed of by this common order. 3 Earlier by order dated 3.12.2010 passed in C.W.J.C.No.3616 of 2010 (Dr. Himanshu Bhushan Vs. The T.M. Bhagalpur University and Ors.) and other analogous writ petitions filed almost for similar relief were disposed of by this Court in the light of a Division Bench Judgment of this Court reported in 2008 (4) BBCJ ( 582) ; Prof. Dr. Ram Dinesh Sharma Vs. T.M. Bhagalpur University and Ors. Since the issue has already been settled by the Division Bench, there is no reason to deviate from the said Judgment. By filing counter affidavit, a stand has been taken by the Respondents that against Division Bench Judgment of Ram Dinesh Sharma’s case (Supra), an S.L.P. has been filed, which is still pending. The same point was considered in Dr. Himanshu Bhushan’s case (Supra) and thereafter it was declared that the petitioners of those writ petitions were entitled to get merger of 50 % of dearness relief in their basic pension with effect from 1.1.2005. In respect of 50% dearness Relief , it was considered in Dr. Himanshu Bhushan’s case ( supra) as follows: “ So far as 50% dearness relief is concerned, same has already been clarified by a Division Bench Judgment of this Court in LPA 434 of 2009 ( Prof.) (Dr.) Ram Dinesh Sharma Vs. The Tilkamanjhi Bhagalpur University, which has been reported in 2008 (4) BBCJ 582. A Division Bench, after considering the provisions of Article/Statute -16, has held that merger of 50% of dearness relief in the basic pension of the University employees is applicable and they are entitled for the same. It is not in dispute that 4 same provisions are applicable in all the University of Bihar. Merely on the ground that an appeal before Hon’ble Supreme Court is pending, the petitioners cannot be denied the relief which has been sought for in the present writ petition in view of Division Bench Judgment of this Court and as such, it is declared that the petitioners are entitled to get merger of the 50% of the dearness relief in their basis pension with effect from 1.1.2005.” Accordingly, the aforesaid writ petitions are allowed in terms of the observation quoted above given in Dr. Himanshu Bhushan’ case (Supra). NKS/- ( Rakesh Kumar, J.)