RAM BASHISHTH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioner had sought for issuance of a writ of mandamus calling upon the respondents to pay pension/ proportionate pension and gratuity/proportionate gratuity taking into account the entire service rendered by him from 10.10.1957 under the State of Bihar till he was absorbed in the services of the National Council for Co - operative Training, New Delhi (hereinafter to be called as "the council") on or from 27.5.1976 with 18% per annum interest along with cost of the proceeding.

(2.) IN short, the relevant facts are that the petitioner was appointed as Junior Audit Officer and joined the said post in the Co -operative Department under the State Government on 10.10.1957. On 27.5.1976 he was sent on deputation to the council. Later he was offered with the appointment post of Lecturer in the Council on 28.10.1976 vide Annexure -1 with clear stipulation that he would have to resign from the service of the State Government to take up his appointment for his absorption as directly recruited Lecturer in the Council. Thereafter the petitioner tendered his resignation which was accepted by the said authority vide order dated 6.4.1977 contained in Annexure -2, whereafter his appointment made by Annexure -1, was accepted by respondent nos. 1. to 3 and the petitioner continued in the service of the Council till his superannuation on 28.2.1993.

(3.) COUNTER affidavits have been filed on behalf of the State and its officials as well as on behalf of the Council and its officials. According to the stand taken by the State in the counter affidavit, the petitioner is not entitled to get any retiral benefit from the State Government nor he is entitled for proportionate pension etc. or any proportionate amount sanctioned by the Council, which can be borne by the State Government. This is based on the policy guideline laid down in the Finance Department 'sMemo No. PC -11 - 40 - 55/75 -5190 -F. dated 30.4.1976, photostat copy whereof has been annexed as Annexure 'B ' to the said counter affidavit.