DURGA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner under Article 226 of the Constitution of India has prayed for issuance of writ of mandamus for following reliefs:--

(2.) After the cadre division, the service of the petitioner was allocated to the Jharkhand State where the petitioner joined and discharged his duty but soon after the petitioner returned to Government of Bihar and joined the duty in General and Administration Department,, Government of Bihar, Patna. The service book and other relevant documents of the petitioner were not sent to the General and Administration Department, Government of Bihar, Patna by State of Jharkhand and lastly, the service book and other relevant documents were sent by State of Jharkhand to concerned department after superannuation of the petitioner. Petitioner superannuated from service on 30.6.2012. Petitioner submitted his pension paper to Deputy Secretary (Establishment), General and Administration Department, Government of Bihar, Patna who sent letter to Accountant General, Bihar, Patna fixing a sum of Rs. 7,713/- towards provisional pension and a sum of Rs. 4,02,152/- was also approved. The Deputy Secretary (Establishment), General and Administration Department, Government of Bihar, Patna sent letter to Director, Provident Fund, Patna for issuance of authority slip for payment of amount of general provident fund but the same was not paid to the petitioner. Petitioner made several representations but of no avail and lastly, he filed this writ petition.

(3.) A separate counter affidavit has been filed on behalf of the respondent No. 6. It has been stated in the aforesaid counter affidavit that the petitioner joined Rural Development Department, Government of Jharkhand, Ranchi on 6.9.2008 but service book of the petitioner was made available to the above stated department on 29.12.2008 and after receipt of the service book, the pay fixation of the petitioner in terms of 6th pay revision was done vide office order No. 40 dated 13.3.2009 and the same was sent to the Finance Department, Government of Jharkhand, Ranchi for verification. During the pay verification of the petitioner by the Finance Department, Government of Jharkhand, Ranchi, it was detected that earlier pay fixation of the petitioner with effect from 1.4.1981, 1.1.1986 and 1.1.1996 were not verified by the State of Bihar and thus, service book was sent to the Revenue Board, Patna for taking appropriate action but in spite of issuance of several reminders, petitioner's service book was not made available to Jharkhand State. Respondent No. 6 has also pleaded that the petitioner's contribution towards group insurance scheme for the period 1.8.2008 to December, 2010 has already been made available to General and Administration Department, Bihar, Patna.