SANJOY KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is an Accountant in the office of the Accountant General, Bihar and was on deputation to the Bihar State AIDS Control Society which was controlled and associated with the National AIDS Control Organization. Petitioner has filed this writ application making a prayer that he should be paid the Transfer Allowance and salary for the period of transit i.e. ten days.

(2.) The main challenge in this writ application is whether the Bihar State AIDS Control Society is a State within the meaning of Article 12 of the Constitution and in the facts of this case whether the Petitioner would be entitled to the reliefs aforesaid?

(3.) The facts are that the Petitioner was deputed to work as an Accountant in the Bihar State AIDS Control Society (hereinafter referred to as 'the Society'). In the notification of his transfer, it was specifically stated that "he will be entitled for T.A. and joining time, on joining the post on deputation and on reversion there upon. The expenditure on this account will be borne by the Foreign employer". The Petitioner gave his consent for extension of his service till 26.3.2002. After some time he felt difficulty in continuing with the Society and applied for his reversion (Annexure-A) in which he has stated that he had some family problems and wishes to be reverted. The said application is dated 26/27.7.2001. Petitioner was released on 30th of December, 2001 and he joined his parent department on 31.12.2001. On the basis of the aforesaid facts, he claims that he is entitled for his T.A. and salary for the period of ten days.