LALIT KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Petitioner superannuated on 31.1.2000 i.e. after having served under the erstwhile Bihar State Agriculture Marketing Board. For almost a decade Petitioner worked in the Marketing Board on transfer from the Department of Finance and he carried his lien on his post. The stand of the Petitioner is that termination of his lien unilaterally from a back date vide order dated 16.8.97 contained in Annexure-6 is not only breach of the service jurisprudence but also the rule related thereto.

(3.) According to him his lien could not be terminated from a back date i.e. 16.7.1993 by an order dated 16.8.1997. Petitioner could not be accommodated in the Marketing Board on a reserved post and that in absence of fixation of pay scale of the Petitioner for a long period of time it cannot be said that the Petitioner had been finally absorbed under erstwhile Marketing Board. These circumstances would show that no case for termination of lien of the Petitioner was made out.