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Employees of Patna Regional Development Authority entitle to pension even after merger with Patna Municipal Corporation

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The petitioners in both the cases were employees of Patna Regional Development Authority (for short PRDA) which admittedly stood dissolved and merged with the Patna Municipal Corporation (for short the Corporation) with effect from 02.02.2007. This is also not in dispute that consequent upon merger with the Corporation all employees of PRDA became the employees of the Corporation. The employees of the Corporation are entitled to pensionary benefits under statutory Patna Municipal Corporation Officers and Servants Pension Rules, 1986 (for short the PMC Pension Rules), published in Bihar Gazettee on 20.03.1987. The PMC Pension Rules came into force with effect from 01.01.1986. The sole question, which these two writ applications involve is, as to whether the employees of erstwhile PRDA, who became the employees of the Corporation in the aforesaid manner, are entitled to benefits under the PMC Pension Rules for grant of monthly pension and family pension. As the issue involved in both the cases is common, they have been heard together and are being disposed of by the present common judgment and order.

 29-06-2020 The Patna Municipal Corporation is required to satisfy this Court as to the terms and conditions on which the service of the petitioner was transferred to the Patna Municipal Corporation (hereinafter referred to as the ‘Corporation’). It is the stand of the petitioner that the erstwhile Patna Regional Development Authority (in short ‘PRDA’) was dissolved in the year 2007 and all the employees of the ‘PRDA’ became employees of the Corporation. It is thus, the contention of the petitioner that he has to be treated at par with the employees of the Corporation and would be entitled for all such benefits which the employees of the Corporation were entitled in the year 2007 and subsequently up to the date of the retirement of the petitioner on 30.04.2015. From the supplementary affidavit it appears that the Corporation has taken a resolution on 14.01.2019 wherein the employees of erstwhile ‘PRDA’ (since dissolved) who are still in Patna High Court CWJC No.8581 of 2017(6) dt.29-06-2020 service in Corporation have been covered with the pension benefit with effect from Ist January, 2019. Let a counter affidavit be filed on behalf of the Corporation to specifically answer the issue as to the terms and conditions of service which were available to the employees of the Corporation when the ‘PRDA’ was dissolved and the petitioner became employee of the Corporation and further as to why the petitioner would not be entitled for the same benefit after the smooth transfer of all the employees of the erstwhile ‘PRDA’ to the Corporation. Let this matter appear under the same heading on cause list after two weeks i.e. on 21.07.2020.

Rajeev Ranjan Prasad, J

 The order sheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading ‘Judicial Orders Passed During the Pandemic Period’.

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