SECRETARY FINANCE NATIONAL SAVINGS DEPARTMENT Vs. VINOD KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order by which a learned Single Judge allowed the writ petition filed by the writ petitioner -respondent no. 1 and directed the State Government and its concerned authorities to fix his retiral dues, and to grant him Pension taking into account the service rendered by him under the Bihar State Agro Industries Development Corporation Limited.

(2.) THE facts of the case are simple and without controversy. The writ petitioner respondent no. 1 was appointed as a Senior Clerk in the Bihar State Agro Industries Development Corporation Limited on 22.8.1967. It is one of the State Governments Corporations that became moribund and were unable for a long time even to pay salaries to their employees. It was in those circumstances that on 20.4.1998 the writ petitioner -respondent no. 1 came to work on deputation as an Accountant in the Finance (National Savings) Department of the State Government. It may be noted here that the post of Section Officer in the Corporation, which the writ petitioner -respondent no. 1 had reached by that time carried a higher scale of pay than what was admissible to the Accountant in the State Government. But in the Corporation, the writ petitioner -respondent no. 1 would not get his salary. Hence, he consented to work in the State Government on deputation in a lower scale of pay. After working on deputation for about a year, the writ petitioner -respondent no. 1 was given the offer of absorption on the vacant post of Accountant on a temporary basis on certain conditions vide office order issued under memo no. 246 dated 5.4.1999. One of the conditions was that he would be given the pay scale of the Accountant at the initial stage and the first annual increment would be due on completion of one year from the date of his joining pursuant to absorption. The other condition was that he should gave a declaration in writing that he would not demand from the Department/State Government the pay scale of his parent organizations or his dues etc. there. The writ petitioner -respondent no. 1 gave the written declaration as asked for in which he stated that he would not demand from the Department/State Government the pay scale of his parent organization nor his seniority or dues of any kind there. He was then appointed as an Accountant in the aforementioned Department. About four years later, he superannuated on 30.11.2003. The period of his service with the State Government being less than ten years, the writ petitioner -respondent no. 1 was not entitled to any pension in terms of Government Resolution No. 3014, dated 31.7.1980. He was, accordingly, paid his G.P.F. amount and the retiral dues under other heads for his service with the State Government.

(3.) THE learned Single Judge allowed the writ petition relying upon an earlier decision dated 27.11.2001 in Ramashish Rajak V/s. State & Ors. (C.W.J.C. No 11957 of 2001) which in turn had followed the decision dated 31.8.2000 in Prem Prakash V/s. State of Bihar and Ors. (C.W.J.C. No. 12048 of 1998). Apart from the two decisions, the learned Single Judge, accepted the plea made on behalf of the respondent no. 1 that the Bihar State Agro Industries Development Corporation Limited being a State Government Undertaking was an instrumentality of the State and, therefore, the service rendered at the Corporation must be taken into account for the purpose of determining the retiral dues and the grant of pension.