MOHAN PRASAD SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the cases are taken up together as they relate the same grievance of retired benefits of the petitioner.

(2.) Admittedly, the petitioner was appointed by the Industries Department of the State of Bihar on purely temporary basis in the month of October, 1961 in the post of Store Keeper under Bicycle Sanjojana Scheme vide Annexure-1 and immediately after appointment in the month of October, 1961 when Bihar State Small Industries Corporation Limited (hereinafter to be referred as the 'Corporation') was set up then all the Sanjojana Scheme so were amalgamated with the Corporation and vide Annexure-3 all the employees both temporary and permanent of the Industries Department being appointed under various Schemes had been transferred to the Corporation. Regarding the temporary staff as that of the petitioner following term was imposed during the course of transfer as per Annexure-3 itself dated 22-1-1962: Temporary Staff.--The services of all temporary staff of the Industries Department employed in the Scheme transferred to the Corporation will be placed at the disposal of the Corporation with effect from the 1st February, 1962 for appointment against posts similar to the one held by them under Government and they shall be entitled under the Corporation to count towards increment and level the services tendered by them under Government upto the 31 st January, 1962. They shall be Corporation's servants with effect from the 1st February, 1962. The transfer from Government to the Corporation shall not constitute a break in their service."

(3.) After such transfer to the Corporation the petitioner alongwith others employed in the Industries Department had continued as an employee of the Corporation and also got promotions from time to time under the Corporation itself without having any approval etc. from the State Government and ultimately the petitioner retired on superannuation on 30-6-1999. It appears that after retirement the petitioner had taken some benefits occrued to him as post retiral benefits from the Corporation. But now the present writ petiton has been filed making both the Industries Department, State of Bihar and the Managing Director of the Corporation as parties for the purpose of getting retiral benefits such as Gratuity, Leave Encashment fixation of Pension, G.P.F. etc.