Letters Patent Appeal No.424 of 2000 (Against judgment and order dated 18.2.2000, passed in CWJC No. 9955 of 1998) ***** BIJENDRA NARAIN SINHA, son of Late Narain Sinha, resident of Village + P.O. + P.S. Bibhutpur, District Samastipur (Petitioner)…Appellant Versus 1. THE STATE OF BIHAR through Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 2. Vice Chancellor Bhagalpur University, Bhagalpur - 812007 3. Registrar Bhagalpur University, Bhagalpur -812007 4. Registrar Central University of Hyderabad, Gachi Bowli, Hyderabad – 500046 (Andhra Pradesh).. .. .. Respondents ****** For the Appellant : Mr. Pushkar Narain Shahi For the Respondent No1. : Mr. Shashi Bhushan Kumar Standing Counsel 16 For Respondent nos.2 to 4 : Mr. S K Ghosh, AAG II ****** P R E S E N T THE HON'BLE MR. JUSTICE S.K.KATRIAR THE HON'BLE MR. JUSTICE SHYAM KISHORE SHARMA S K Katriar & Shyam Kishore Sharma, J.J. This appeal under clause 10 of the Letters Patent of the High Court of Judicature at Patna, has been preferred by the petitioner of CWJC No. 9955 of 1998 (Bijendra Narain Sinha vs. State of Bihar & Ors.), and is aggrieved by the order 18.2.2000, whereby the writ petition was dismissed, and his claim for pensionary benefits on monthly basis has been rejected. 2. A brief statement of facts essential for the disposal of this appeal may be indicated. The petitioner initially joined the Bhagalpur University on 7.2.1962, as a Lecturer in the department of Hindi, and was posted in T N B College, Bhagalpur. He joined the Central University of Hyderabad as a Lecturer against an advertisement. The Bhagalpur University allowed him extra-ordinary leave (without pay), and he was relieved on 19.1.1979, whereafter he joined the University of Hyderabad on 22.1.1979. Subsequently Bhagalpur University had granted him the lien on the post he had held in the University. In due course, the 2 petitioner submitted his letter of resignation which was accepted by the Syndicate of the Bhagalpur University with effect from 22.1.1979. The petitioner has withdrawn his post-retirement benefits from the Bhagalpur University, and ultimately superannuated from the services of the Central University of Hyderabad as University Professor with effect from 30.11.1996. The petitioner filed the aforesaid writ petition praying therein that the Bhagalpur University had allowed him the benefit of Contributory Provident Fund (CPF), and he would prefer to have the benefit of monthly pension scheme. On an exhaustive consideration of the case of the parties, the learned single Judge dismissed the writ petition on the ground that the petitioner was paid his post-retirement benefits, as per the scheme of CPF which was in force on the date of his resignation from the Bhagalpur University. The scheme of monthly pension was introduced at a later date which cannot be retrospectively applied to the petitioner. It is further stated that the petitioner has withdrawn his entire pensionary benefits. We respectfully agree with the order of the learned single Judge to the effect that introduction of the new scheme was not retrospectively applicable. 3. We do not find any merit in this appeal. It is accordingly dismissed. ( S K Katriar ) ( Shyam Kishore Sharma ) Patna High Court, Patna The 15th of September 2009 NAFR/mrl