MADHU MANGAL TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, petitioner is aggrieved by the order dated 16.4.1996 issued vide Memo No. 464 by the Deputy Collector (Establishment), Saran, Chapra (Respondent No. 4) (contained in Annexure-1), by which he has been denied the payment of pensionary benefits.

(2.) Petitioner was initially appointed as Godown Operator in Supply Department, State of Bihar on 10.8.1967 and subsequently on 5.2.1974 the services of the petitioner along with another similarly situated employee Bishwanath Singh were transferred and placed under the disposal of the Bihar State Food and Civil Supply Corporation, wherefrom he retired on 31.5.1992 as Class IV employee. After retirement of the petitioner, his pension papers along with the papers of aforesaid similarly situated employee Bishwanath Singh were sent to the Collector, Saran, Chapra by the Respondent-Corporation and Respondent No. 4 vide Annexure-1, informed the Corporation that petitioner and the said Bishwanath Singh are not entitled for payment of pension and gratuity.

(3.) According to the petitioner, he never opted for the services of the Corporation and the lien remained with the Department and was never terminated on the transfer of his services to the Corporation and he was forced to work in the Corporation by the order of the Government. Thus, it has been submitted by the learned counsel for the. petitioner that the petitioner is entitled for pensionary benefits like other Government servant after his retirement from the Corporation.