BASUDEO PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, on being aggrieved for rejecting his request for grant of pension upon his superannuation on 31st of December, 1995 as Junior Manager from the Darbhanga Industrial Area Development Authority, Darbhanga vide letter no. 4420 dated 6.11.2008 followed by letter no. 2620 dated 14.7.2009 (Annexure-13), whereby Deputy Director of Industries, Government of Bihar informed the petitioner of the above decision, has filed this writ application praying for quashing of the above orders.

(2.) The short facts are that the petitioner claims to be appointed by the State Government as Radio Mechanic under the Public Relation Department, Government of Bihar, Patna and posted pursuant to the order dated 3.1.1957 vide Annexure-1. Subsequently, the petitioner pursuant to an advertisement applied and was appointed on the post of Supervisor on temporary basis by the Department of Industries, Government of Bihar in the Industrial Estate Patna with the initial pay of Rs. 125/- per month as per Memo No. 4866 dated 11.4.1961 vide Annexure-3. The petitioner served as per his said appointment from 18.4.1961 to 31.1.1962. Thereafter, petitioner joined service under the Bihar Small Scale Industries Corporation Ltd., Patna from 1.2.1961 to 31.1.1979 and later served under the Darbhanga Industrial Development Authority from 1.1.1979 to 31.12.1995 the date of his retirement. After retirement, petitioner claimed for grant of pension vide his representation dated 20.9.1996, as contained in Annexure-6, which upon consideration, was rejected and the application filed by the petitioner for receiving the pension was returned back by the Additional Director, Government of Bihar, Patna as per Memo No. 9201 dated 20.12.1996 vide Annexure-A to the counter affidavit filed on behalf of the respondent nos. 1 & 2. Thereafter, petitioner received his retiral dues including the Contributory Provident Funds (CPF) for the period he worked with the Bihar State Industrial Area Development Authority. The petitioner disputed the quantum of the contributory provident fund challenged as such, the same through a writ petition in this court vide C.W.J.C. No. 1218 of 2000 alleging that correct deductions by way of his contribution towards the P.F. were not made from his salary which however, was denied by the Darbhanga Industrial Area Development Authority, Darbhanga, from where the petitioner has retired. The court upon considering the matter disposed of the case by order dated 5.1.2004 with the following observations:

(3.) The petitioner assailed the above order by filing an appeal vide L.P.A. No. 106 of 2004, which was dismissed by order dated 9.2.2004, vide Annexure-8. The petitioner again agitated his claim for pension taking shelter under the orders dated 7.3.2005 passed in C.W.J.C. No. 13821 of 2004 in the case of an other employee namely Upendra Thakur vs. State of Bihar and also the order dated 12.2.2004 passed in L.P.A. No. 154 of 2004 in the case of Kamal Bansh Narain Singh vs. State of Bihar and not interfered by the Apex Court in Civil Appeal No. 1684 of 2005 alongwith some other cases vide order dated 2.8.2007 (Annexure-16). The Respondent-State Government, however, again rejected the claim for pension as per the impugned order as per letter no. 4420 dated 16.11.2008 as contained in Annexure-12 followed by letter no. 2620 dated 14.7.2009 (Annexure-13) whereby the petitioner was informed that Government Rule requires that in order to get pension the employees must serve a minimum period of ten years in the service of Government as such, he is not entitled to claim pension and it was also informed that the order of the Apex Court as referred by the petitioner, is not applicable in the facts of his case. The petitioner as such, has now assailed the above said orders as contained in Annexures-12 and 13 and prayed for their quashing.