BIRENDRA KUMAR SINHAQ Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated the 6th of September, 2000, passed by a learned Single Judge, whereby the writ application filed by the appellant for quashing the Government letter dated 22.1.1962 transferring his service to the Bihar State Small Industries Corporation Ltd. as well as for payment of retiral dues in accordance with the provisions of the Bihar Pension Rules treating him as a retired Government servant, has been dismissed.

(2.) THE facts giving rise to the present appeal are that the appellant was appointed as Treasury Clerk in the Patna Treasury in the year 1955. Thereafter, he was appointed in 1959 as Accountant -cum -Store Keeper in the Radio Component Scheme run by the Government of Bihar in the department of Industries. While he was working on the said post under the Industries Department of the Government of Bihar, the Government decided to transfer some of the Schemes including Radio Component Scheme in which the appellant was employed, along with their assets and liabilities, to the Bihar State Small Industries Corporation Ltd., Patna, (for short the Corporation) vide letter dated 22.1.1962, which provides, inter -alia, that the temporary staff will be absorbed in the Corporation and the permanent employees shall be placed at the disposal of the Corporation on foreign service. The appellant continued in the service of the Respondent -Corporation and by efflux of time superannuated in the year 1991 and took retiral benefits as an employee of the Corporation.

(3.) NOWHERE in the writ petition, it has been stated that the appellant was the permanent employee of the State Government. The appellant right from 1962 till his superannuation in 1991 continued in the service of the Corporation and, thereafter, he took retiral benefits from the Corporation. Now, he claims that he should be treated as a Government employee and he should be paid retiral dues under the provisions of the Bihar Pension Rules, which are applicable to the Government employees. The learned Single Judge has dismissed the writ application on two grounds; firstly on the gound of delay and secondly that the appellant cannot be allowed to approbate and reprobate in the sense that having taken the benefit as an employee of the Corporation, he cannot be allowed to take the benefit of a Government employee under the provisions of the Bihar Pension Rules.