SURENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has sought for issuance of appropriate writ in the nature of mandamus commanding the respondents authorities, namely, the Registrar, Co -operative Societies, Bihar, Patna (respondent no.2) to implement the order dated 18.8.1997 as contained in Annexure 16 to the writ petition.

(2.) IT appears that before the petitioner superannuated from service on 1.1.1992 as Senior Selection Grade Co -operative Extension Officer in the Cooperative Department a departmental proceeding was initiated against him on the charge of his unauthorised absence. Meanwhile the petitioner came to this Court in C.W.J.C.No.10271 of 1992 for payment of his post retiral dues and arrears of salary. This Court vide order dated 16.7.1993 contained in Annexure 11 disposed of the said writ application with a direction to the concerned authority to issue the required sanction order in respect of the admitted dues in all different heads Within 31.7.1993. The respondents were also directed to furnish the petitioner with the details of the amount sanctioned under the different heads. It was also directed that the petitioner shall be entitled to make representation in respect of the same, if he was not satisfied about the correctness of the said details of the amount. Pursuant to the said order certain payments were made to the petitioner, but the proceeding continued and in the said proceeding final order was passed on 18.8.1993 contained in Annexure 16 pursuant to which the petitioner has sought for a direction for its compliance.

(3.) IN the counter affidavit filed on behalf of respondent no.2 the said facts have not been disputed. However, it has been stated therein that the period of absence of the petitioner with effect from 22.6.1969 to 19.9.1978 has been regularised as extraordinary leave which will be counted for pensionary benefits. It has been further stated that since the period of absence was more than five years, hence under Rule 76 of the Bihar Service Code the order cannot be implemented without approval of the Finance Department. It is further stated that the order passed by the said respondent no.2 was sent to the Finance Department for according approval but the Finance Department did not make approval on the plea that the order is not consistent with the Rules of the Bihar Service Code. It is further stated that in view of the opinion observed by the Finance Department the order passed by the Registrar, Co - operative Societies (respondent no.2) has become invalid and it cannot be implemented and that the Finance Department has directed the entire period of absence as unauthorised absence for which period the petitioner will not get his pay etc.