RAM CHANDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) Petitioner has filed this application for quashing the memo No. 1325, dated 10.7.2002, issued under the signature of the Director, Mass Education, Bihar, Patna, whereby it has been decided that the petitioner's service has come to an end, prior to reaching the date of superannuation, as such, benefit of pension as well as promotion is not admissible to the petitioner, as Non-formal Education Programme came to an end with effect from 1.4.2001, services of all the employees, including the petitioner, working under the aforesaid programme have been terminated and it was not possible to retain the petitioner's service separately. Further prayer of the petitioner, in this writ application, is for a direction to the respondents to pay all retirement benefits and arrears of salary for the period April, 2001, to February, 2003.

(3.) Petitioner was initially appointed as Lower Division Clerk in the office of the Administrative Officer, N.C.C., Chotanagpur Division, vide order, dated 1.7.1969. In the year 1979 service of the petitioner was adjusted in the newly created Adult Education Department vide order, dated 11.7.1979, Subsequently, Adult Education Department was renamed as Non-formal Education Department and all employees, who were working in Adult Education Department, automatically became the employee of Non-formal Education Department. Petitioner, thereafter, was posted at different places in the office of Non-formal Office project lastly, he was transferred to Gopalganj where he joined on 25.12.1994. The Director, Mass Education, Bihar, issued letter No. 2235, dated 22.9.2001 that the Non-formal Education Programme has come to an end with effect from 1.4.2001, as such, the service of its employees stand terminated. One of the employees of Non-formal Education Programme, namely, Krishnadeo Choudhary, one day prior to issuance of this letter of the Director, Mass Education, Bihar, filed an application for posting him to any other place and he was posted in the District Mass Education Office, Siwan, vide office order, dated 30.10.2001. Petitioner also filed an application for posting him to any other place, but respondents did not respond to it and finally petitioner reached the age of 58 years on 28.2,2003. After the issuance of the order, dated 21.9.2001, by the Director, Mass Education, Bihar, Krishnadeo Choudhary moved before this Hon'ble Court in CWJC No. 8578 of 2001 for a direction to the respondents to post him against a vacant post and to pay the salary due to him since April, 2001. During the pendency of the writ application, Krishnadeo Choudhary was posted against vacant post of Clerk-cum-Accountant in the office of District Mass Education Officer, Siwan, vide memo No. 2594, dated 30.10.2001, issued under the signature of the Director, Mass Education, Bihar, Patna, and the writ application was dismissed as not pressed in view of the aforesaid order. Thereafter, petitioner also filed a writ application being CWJC No. 4025 of 2002 for the similar relief. This writ application was disposed of by order, dated 21.3.2002, directing the Commissioner and Secretary, Human Resources Development Department (Primary and Adult Education) Government of Bihar, Patna, to see as to whether any petition filed by the petitioner for similar relief is pending, if it is so, then it may be disposed of by a reasoned order in accordance with law. In compliance of the direction of the High Court in CWJC No. 4025 of 2002, the Director, Mass Education, Bihar, has passed the impugned order rejecting the representation filed by the petitioner vide memo No. 1325, dated 10.7.2002.