THE STATE OF BIHAR Vs. NARAIN DUTTA PANDEY

JUDGEMENT

(1.) The State of Bihar and the concerned officials have preferred this intra court appeal under Letters Patent of this court to assail the judgement and order dated 17-12-2009 whereby a learned Single Judge has allowed a writ petition bearing CWJC no. 1836/2006 and directed to enhance the pensionary benefits of the writ petitioner by counting his service from 01-09-1969 to 30-04-1978 as pensionable service under the State of Bihar. Enhanced pension along with arrears has been directed to be paid within a fixed time. The essential facts may first be noticed in brief.

(2.) The writ petitioner claims that he was appointed as Planning-cum- Survey officer in a project known as Rural Industry Project (hereinafter referred to as the "RIP ") on 01-09-1969 and was promoted to the post of Project Officer w.e.f. 24-3-1975. The RIP is claimed to be sponsored and financed by the Government of India through the State Government since 1965-66. A note sheet dated 11-5-1977 has been annexed as annexure-2 to the writ petition to show that RIP was being managed through Khadi Gramodyog Sangh which made a request to the Government that the RIP, Darbhanga should be managed by the Government itself. In that context the Personnel Department gave certain suggestions contained in annexure-2 that if the RIP was taken over by the Government then for appointment of gazetted posts recommendation of the Public Service Commission would be necessary and in anticipation only adhoc appointments may be made for a period of six months. Only on receipt of recommendation and on fulfilling the educational and other qualifications appointment may be possible in regular manner under the State. The note sheet also mentions that on being absorbed in the regular State service the concerned officials/employees may have to be given benefit of their past service under the RIP for the purpose of seniority. There is no material to show as to what decision was ultimately taken by the State Government on the basis of such notes.

(3.) On the basis of a letter of Director, Industries, Bihar dated 28-6-1978, contained in annexure-1 addressed to his subordinate officials at various places in the State, it has been alleged by the writ petitioner that the Central Government with consent of Industries Department, Government of Bihar decided to merge all the RIPs in the different Industry Centres and all the RIPs were merged with District Industry Centres with all its assets and liabilities. On behalf of the State it has been replied that the aforesaid assertion of the writ petitioner is incorrect and annexure-1 merely relates to instructions for taking over charge upon establishment of District Industry Centers in the State of Bihar. On behalf of the State annexure-2 has been described as mere notings in the file and not a Government policy decision.