RAJNANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for salary and allowances and facilities in the light of the decision of the State Government contained in Annexures 2 and 2/A.

(2.) The petitioner during the relevant time was Chairman of the Bihar State Agro Industries Development Corporation Limited. By Annexure-2 the Joint Secretary, Parliamentary Affairs Department, Government of Bihar, communicated the decision of the State Government to extend the facilities admissible to Cabinet Ministers/ Ministers of State to those Chairman of different Boards and Corporations, who had held the office of the Cabinet Minister or Minister of State respectively in the past. Such of the Chairman who had not held the office of Cabinet Minister or Minister of State in the past were also allowed the facilities available to Ministers of State. Annexure 2/A specified the particulars of the facilities of the Minister of State. The petitioner did not hold the office of Cabinet Minister or Minister of State in the past. According to him by virtue of the later part of the above decision contained in Annexure-2, he was entitled to the facilities etc. admissible to Ministers of State.

(3.) The case of the petitioner is that under Notification No. 521 dated 15-1-1988 of the Agriculture Department he was appointed as Chairman of the Bihar State Agro Industries Development Corporation Limited (in short the Corporation) and he discharged the duties and functions of the Chairman upto 17-5-1990 when the Chairman of various Boards and Corporation including himself, were removed after change of the Government, even though the petitioner had not completed his tenure of three years. Before his appointment under Resolution No. 885 dated 9-11-1987, the Government of Bihar had taken a general decision to extend the facilities including salary and other allowances to the Chairman of different Boards and Corporation at par with the Cabinet Minister or Minister of State as the case may be, as indicated above. As a result of the said decision the petitioner was entitled to the facilities available to a Minister of State including salary and other allowances. After he was removed from the office of the Chairman he filed various representations but payments were not made. In the circumstances he has moved this Court for direction upon the respondents to pay him salary and allowances, besides other facilities admissible to a Minister of State.