SURESH KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH the petitioner retired from the service as Accountant, the concerned authorities have decided to fix his pension and other retiral benefits in the lower pay -scale of Accounts Clerk. Challenging the decision of the departmental authorities and claiming his pension and other retiral dues on the basis of the last pay drawn by him (in the pay scale of Accountant) the petitioner has come to this court in this writ petition. The respondent authorities justify their decision on the ground that in the State Government there is no post or cadre of Accountant and Accountants are taken on deputation from the Accountant General's office. In the State Government there was only the cadre of Accounts Clerk and petitioner was wrongly allowed to hold the post of Accountant and to draw his salary in the scale admissible to the post.

(2.) THE case indeed presents an anomalous position but the anomaly is created not by any individual, least of all by the petitioner. It has resulted from the government decision in the past to set up Corporations/Boards that failed to function properly and consequently had to be closed down.

(3.) THE Bihar Water Development Corporation Private Limited was set up by government order no. 844, dated 28.2.1974 issued in pursuance of the government resolution no. 1216, dated 31.3.1973 and the services of the petitioner along with a number of other government employees were transferred to the Corporation. In the Corporation the petitioner was given provisional promotion to the post of Accountant by memo no. 407, dated 28.1.1980 issued by the Chief of Administration.