Summary
A peon of the Bihar Research Society, an autonomous registered society taken over by the State under the Bihar Research Society (Taking Over) Act, 2007 with effect from 02.03.2009, died in service in March 2013; the employees were absorbed into government service by an order of 2014 operating from 02.03.2009, with a corrigendum providing that service before the takeover would not count as government service. His widow obtained family pension from a Single Judge of the Patna High Court, affirmed by the Division Bench. The Supreme Court set the orders aside.
Issues
- Whether the widow of an employee of a society taken over by the State and absorbed into government service with effect from 2009 is entitled to family pension under the Bihar Pension Rules, 1950, when those Rules had been replaced by a contributory pension scheme for all employees appointed after 31.08.2005.
Provisions considered
- Applicability to employees appointed on or after 01.09.2005; absence of pension/family pension, Bihar Government Servant Contributory Pension Scheme, 2005 (replacing the Bihar Pension Rules, 1950)All government employees appointed after 31.08.2005 are governed exclusively by the contributory scheme, which has no provision for pension or family pension; an employee absorbed with effect from 02.03.2009 falls under it, not under the abolished 1950 Rules. (¶¶ 2, 6)
- Section 5 (adjustment of employees) and the absorption order of 25.03.2014 as amended by corrigendum, Bihar Research Society (Taking Over) Act, 2007The employees were 'absorbed' with effect from 02.03.2009, and by clause 6 of the corrigendum their prior service with the Society does not count as government service; the deceased was therefore a government servant only from that date. (¶¶ 2, 4, 6)
Held
- Until 02.03.2009 the deceased remained an employee of the Society; at the time of his absorption the old Pension Rules stood abolished and the contributory scheme was in force, so he was governed by the latter, under which there is no family pension. The High Court erred in granting family pension under the old Rules without considering this, treating death in harness alone as sufficient. (¶ 6)
- The husband of the respondent having been absorbed into government service only with effect from 02.03.2009, he is governed by the Bihar Government Servant Contributory Pension Scheme, 2005, and the orders granting family pension under the old Rules are quashed. (¶ 7)
Result
Appeals allowed; the Patna High Court's judgments of 11.04.2017 in LPA No. 1099 of 2016 and 04.09.2017 in Civil Review No. 334 of 2017, and the Single Judge's order of 02.09.2015 granting family pension under the Bihar Pension Rules, 1950, quashed; the deceased held governed by the Bihar Government Servant Contributory Pension Scheme, 2005. No costs.