SADHU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Annexure-2 dated 8.7.1993 issued from the office of the Principal Accountant General (A&E)-I, Bihar is being challenged in the present writ application, filed by the petitioner in December, 2004. Petitioner superannuated from the post of Emergency Divisional Accountant under the office of the Accountant General on 31.5.1993. Annexure-2 therefore came to be issued by respondent No. 8 to facilitate fixation of his pension and other retiral dues in terms of his entitlement.

(2.) There are other prayers as well made in the writ application wherein petitioner wants himself to be treated as State Government employee and be given the benefit of the post which he would have hetd as such irrespective of the fact that he was deputed as an Emergency Divisional Accountant and worked on that post till his superannuation under the office of the Accountant General, Bihar.

(3.) Before getting into facts and so-called law which has been urged at the bar, the Court must record its reservation on the prayer made by the petitioner at the very outset in the background that the impugned annexure contained in Annexure-2 was issued as far back as in 1993 and no serious challenge was ever thrown to that communication till the filing of the present writ application in the year 2004, more so when the petitioner had retired on 31.5.1993 from service. Secondly the so-called bogey being raised by the petitioner that he never opted for being deputed as an Emergency Divisional Accountant has to be taken with a pinch of salt because such an exercise was carried out way back in the year 1979 and petitioner worked under the office of the Accountant General till he superannuated in 1993. No person can be compelled to work in an organization for more than 20 years without his willingness, consent and acceptance of the position as to this status and post on which he was working. In the opinion of this Court, the writ application therefore has to be viewed whether it is a bona fide claim having been raised by the petitioner or motivated by other extraneous consideration.