SINGHASANI PRASAD Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) In this application, under Art. 226 of the Constitution, the petitioner has prayed for issue of an appropriate writ or writs commanding the respondents to grant the petitioner the same pay on his re-employment and joining the post of Managing Director of the Bihar Co-operative Weavers' Spinning Mills Limited, Mokamah (hereinafter referred to as the Spinning Mills), on the 1st Aug., 1964,as he was drawing on the 31st July, 1964, with all other consequential increments as also the replacement scale of Rs. 900-50-1400.00 from the 1st April, 1964, and a special pay of Rs. 150.00 for the period that his re-employment continued as Managing Director of the Spinning Mills.

(2.) It has been averred in the writ application that the petitioner was a permanent Government servant of the State of Bihar and was officiating as the Joint Registrar, Co-operative Societies, Bihar-cum-Deputy Director of Industries, and ex-officio Managing Director of the Spinning Mills, in the scale of Rs.800-35-1150.00 with a special pay of Rs.150.00 plus the usual cost of living allowance. He retired from Government service on the 26th Nov., 1959, and was drawing a monthly salary of Rs. 905.00 with a special pay of Rs. 150.00 and the usual cost of living allowance, the total being Rupees 1100.00, at the time of his retirement. His substantive post was that of Deputy Registrar, Co-operative Societies, Bihar, in the scale of Rs. 350.00850.00. The date of his superannuation was the 26th July, 1959, but his service was extended for four months, and that is how he retired on the 26th Nov., 1959, from permanent Government service.

(3.) After his retirement, the petitioner was re-employed on the same post, on the same pay, for a period of one year with effect from the 27th Nov., 1959, and his pension was held in abeyance, as per re-appointment letter dated the 21st Nov., 1959 (Annexure I). His re-employment was extended from time to time and the petitioner, in conformity with Rule 161 (d) of the Bihar Pension Rules, 1950 (hereinafter referred to as the Pension Rules), received the benefits of increments as and when the same fell due and in this way. up to the 31st July, 1964, he received the benefits of four increments after his retirement and was receiving a monthly salary of Rupees 1045.00 in the same scale of pay and a special pay of Rs. 150.00. In paragraphs 7 and 8 of the writ application, the petitioner has averred that the Government wanted that the production of the Spinning Mills should commence in full swing without any delay and for that purpose " a proposal to create a full time post of Managing Director and to post the petitioner on the said Post' was pending consideration of the Government. Pending creation of the said post, the petitioner was directed to proceed to Mokamah and to look after the work of the Spinning Mills as per letter No. 1380 dated the 22nd July, 1964, of Shri. L. Dayal, Secretary to the Government of Bihar in the Co-operation and sugarcane Department (Annexure Rs.2'). The petitioner joined the said post on the 1st of Aug., 1964. The State Govt., by Order NO. 1578 dated the 20th Aug., 1964, created a full-time post of Managing Director of the Spinning Mills, in the scale of Rs. 800-35-1150.00 and re-employed the petitioner as Managing Director of the Spinning Mills for a period of one year from the date he took charge. The petitioner was to draw his salary at the initial stage of the scale of pay of Rs. 800-35-1150.00, plus the usual cost of living allowance admissible under the rules, besides the admissible pension and death-cum-retirement gratuity (vide Annexure Rs.3').