BAIJ NATH GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) The appellant was appointed on temporary basis as Assistant Master on 9/2/1955 in the Directorate of Industries, government of U. P. and was posted at Kanpur. After working for four years he was selected by Bihar public service commission by direct recruitment and was appointed in the government Polytechnic under the Department of Science and Technology on 6/1/1959 and he resigned from the U. P. Service w. e. f. 7/1/1959. He was appointed, thereafter, in the services of the government of Bihar. He retired w. e. f. 1/12/1982 while working in the workshop as Superintendent of the government Polytechnic at Patna. A dispute arose as regards his entitlement for pension and proportionate distribution of pension between the State of U. P. and the government of Bihar. He wrote a letter to the chief justice of the Patna High court on 28/11/1993 on the basis of a judgment rendered by that court on 4/8/1992 stating that he would be entitled to interest on the delayed payment of pension and gratuity. The High court instead of treating that letter as a writ petition directed the appellant to make a representation to the government and the government would consider and dispose of the claim for payment in that behalf. When the interest was not paid on pension quantified, the appellant filed the present writ petition in the High court claiming proportionate pension from the U. P. government and also for interest. In CWJC No. 11563 of 1993 by judgment dated 11/7/1995 the High court dismissed the writ petition. Thus this appeal by special leave,