SUDHAKAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 27.4.2004 passed by the learned Single Judge in C.W.J.C. No. 3765/2004 dismissing the prayer of the appellant for full pension and gratuity.

(2.) THE appellant was initially appointed on Class IV post on 7.7.1957 under the Department of Industries and Mines, Government of Bihar. With the creation of Bihar State Small Industries Corporation, his service was transferred to the Corporation with effect from 1.2.1962. Subsequently, he was transferred as Salesman, Bihar Cottage Industries Sales Emporium, Bhagalpur. He joined there on 19.1.1965. However, all the units of Bihar Cottage Industries scheme including the Bihar Cottage Industries Sales Emporium, Bhagalpur were handed over to the Industries Department with effect from 1.4.1965. Accordingly, the services of the appellant was again transferred to the Industries Department. In the year 1975, the units of the Cottage Industries Scheme under the Industries Department were again handed over to the Bihar State Handloom, Power loom and Handicrafts Development Corporation. Accordingly, the services of the appellant were transferred to the said Corporation. He was appointed on the post of Salesman, Bihar Cottage industries Emporium, Jamshedpur. Thereafter he was transferred to Handloom and Handicrafts Sales Emporium, Jamui and on 30.4.1997 after completing his service, he superannuated from there. After superannuation the Director, Handloom and Sericulture, Bihar, under his letter No. 1244 dated 13.4.2000 confirmed the services of the appellant on the post of Salesman. The Director, however, under his Memo No. 1620 dated 21.8.2003 granted only provisional pension to the appellant for the period of 15 years 14 days, i.e. from 7.7.1957 to 31.1.1962 and 1.4.1965 to 22.9.1975, he spent in the Government service excluding the services rendered by him in the Bihar State Small Industries Corporation as well as in the Bihar Handloom and Handicrafts Corporation. The grievance of the appellant is that as he was confirmed in the post of Salesman, in view of the decision of the State Government taken with the approval of the Finance Department vide Industries Department letter No. 4589 dated 22.11.2000 (Annexure 4 of the writ petition), he is entitled to get the pensionary benefits for the whole period of service from 7.7.1957 to 30.4.1997.

(3.) LEARNED counsel for the appellant submitted that as the appellant was confirmed in the Government service; the entire period of service rendered by him both in the State Government and in Corporations should be counted for the purpose of pensionary benefits. He further contended that though the appellant was confirmed by the Government after his retirement, there was no fault on his part and in view of a Division Bench decision of this Court in the case of Santosh Kumar Singh vs. the State of Bihar & Ors., reported in 1993(2) BLJ 13 [: 1993(1) PLJR 513], the order of confirmation would have retrospective effect; and the appellant would be deemed permanent from the very beginning and as after confirmation his service was placed at the disposal of the Corporations, he would be treated on Foreign service in the Corporations and the entire period of his service would be counted for the purpose of pension. He further submitted that on similar facts, this Court in C.W.J.C. No. 14010/2001 (Daroga Tiwari vs. the State of Bihar & ors.) had granted relief to the petitioner of the said writ.