Binding mandamus governs pension computation when service status has already been conclusively settled.

A State cannot ignore a binding prior mandamus fixing service status and pension entitlement. The Court held that pension had to be recomputed on the basis that the employee was a member of the Bihar Education Service with the deemed promotions already recognised, and not on a lower service footing. The pension was required to be worked out by treating the employee as having served in the relevant Class II and Class I scale up to retirement, with increments and admissible selection grade under the Bihar Pension Rules, 1950. The State was directed to issue the correct pension payment order and pay arrears with interest.

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Issues: Whether the petitioner's pension had to be computed on the basis that he was a member of the Bihar Education Service with the deemed promotions recognised in the earlier mandamus, and whether the State was bound to implement that computation and pay consequential arrears.

Analysis: The earlier Constitution Bench decision had conclusively determined that the petitioner was entitled to pension as a member of the Bihar Education Service and that his service had to be treated in accordance with the deemed promotional position already accepted in the prior proceedings. The Court held that the State and its officers could not disregard that binding mandamus or compute pension on the footing of a lower service status. The pension had to be recalculated by taking the petitioner as working in the relevant Class II and then Class I scale up to the date of retirement, with increments and any admissible selection grade worked out under the Bihar Pension Rules, 1950. The State was further bound to issue the correct pension payment order and pay arrears with interest.

Conclusion: The petitioner succeeded, and the State was directed to recompute pension, issue the correct pension payment order, pay arrears with interest, and comply within the time fixed by the Court.

Final Conclusion: The decision enforces the binding effect of the earlier mandamus and grants full consequential pensionary relief to the petitioner, with costs.

Ratio Decidendi: A State cannot resile from or ignore an earlier binding mandamus determining service status and pension entitlement, and pension must be computed on the basis of the service position conclusively settled by the Court.

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