MISHRI LAL JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in this case is over the entitlement to retirement benefit of the petitioner and also for quashing the order dated 15.10.1996 whereby the petitioner 's claim for payment of post retirement benefit has been rejected by the Joint Secretary, Education Department, Government of Bihar, Patna.

(2.) THE relevant facts of the case are noted below : The petitioner claims that he is a Post Graduate in Psychology from Agra University and has also got Ph.D. Degree from the same University. He was appointed to the post of Reader in Lalit Narayan Mishra Institute of Economic Development and Social Change (hereinafter called the said Institute) vide Institute 's letter No. 954/79 dated 21st September, 1979. Prior to such appointment the petitioner was in the service of the Government of U.P. and was working there as an Assistant Registrar in Allahabad University. The petitioner 's case is that he was deputed to the said Institute by the Government of Uttar Pradesh for a period of one year by an order dated 31st October, 1979. It appears that this was done pursuant to the application of the petitioner for the post of Reader of the said Institute for which interview was held on 1.9.1979. The petitioner was informed by the said letter issued by the Director of the said Institute that the petitioner will be on probation for one year and will be confirmed on the basis of his performance and conduct in the probationary period. In the said letter it was stated that during the period of probation the petitioner will be entitled to 10 per cent of basic pay as employee 's contribution to Provident Fund in addition to his own contribution of a similar amount and the provident fund will be governed according to the Statutes of the Institute. The petitioner 's case is that pursuant to the said offer of appointment he joined the post of Reader of the said Institute on 5.11.1979. The petitioner has, however, stated that the period of deputation of the petitioner was extended by the Government of Uttar Pradesh for one year in the year 1980 and again it was extended for one year in the year 1981 and his lien was retained in Allahabad University under the Government of Uttar Pradesh till 4.11.1982 but as the petitioner continued in the service of the said Institute, the authorities of the said Institute by an order dated 27.10.1982 confirmed the service of the petitioner as Reader in the said Institute with effect from 5.11.1980 and his lien as Assistant Registrar was terminated with effect from that date.

(3.) REFERENCE in this connection may be made to the gazette notification dated 13.11.1990. The said gazette notification would show that under rule making power of sub -section (1) of Section 11 of the said Act rules were framed and those rules were called Lalit Narayan Mishra Economic Development and Social Change Institute Rules, 1990. Under rule 11 of the said rules it has been provided that all the Officers/employees of the said Institute will become the State Government Employees under Section 6 of the said Act and their salary, allowances and all other conditions of service shall be governed as State Government employees.