GIRJA NANDAN SHARMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for directing the respondents to grant him pensionary benefits under the old pension scheme as provided under the Bihar Pension Rules taking into account the regular service rendered by him since 26.04.1979 on daily wages scheme or at least since 01.01.1999 from the date he was allowed minimum pay scale of Class IV post in compliance of the order dated 12.01.1999 passed in C.W.J.C. No.4909 of 1996.

(2.) In brief the case of the petitioner is that he was engaged as daily wage employee on 26.04.1979 by the Executive Engineer, Punpun Flood Protection Division, Patna City and was posted in Punpun Flood Protection Sub Division, Fatuha. He was transferred to Punpun Flood Protection Sub Division No.2, Patna City by the order of the Executive Engineer, Punpun Flood Protection Division, Patna City on 18th July, 1981. He was working as a daily wage employee regularly since 26.04.1979. Since the respondents did not consider the representation of the petitioner and took no step for regularization of his service, he along with similarly situated employees moved before this Court by filing a writ petition praying for regularization/absorption against Class IV post and payment of salary at least at the minimum scale of pay prescribed by the State Government for such posts. The said writ petition was disposed of vide order dated 12.01.1999 directing the State Government to pay the petitioner salary at the lowest stage of pay admissible to Class IV post with effect from 01.01.1999. By the said order, it was also kept open for the State and other respondents to disengage the petitioner in the event his service is no longer required. Thereafter, the petitioner and some other daily wage employees were granted minimum scale of pay admissible to Class IV post with effect from 01.01.1999, vide order dated 13.05.1999 passed by the Chief Engineer, Water Resources Department, Patna. Subsequently, the State Government took a policy decision vide resolution dated 16th March, 2006 issued by the Personnel and Administrative Reforms Department to regularize the services of such daily wage employee who were appointed prior to 11.12.1990 and worked continuously for at least 240 days. In the light of the aforesaid resolution, the petitioner was absorbed against the post of peon in Triveni Canal Construction Division, Narkatiaganj by order dated 12.09.1999 passed by the Chief Engineer, Water Resources Department, Balmikinagar. Thereafter, the petitioner submitted his joining before the Executive Engineer, Triveni Canal Construction Division, Narkatiaganj on 19th Sept., 2009. On attaining the age of superannuation, he retired from service on 30th Nov., 2013. After his retirement from service, history of the petitioner was sent to the Accountant General, Bihar, Patna for fixation of pension, but the Accountant General, Bihar, Patna rejected the claim of the petitioner for pension contending that his total tenure of regular service is only four years two months and twelve days from the date of absorption in regular service, i.e., 19.09.2009 whereas the minimum tenure for grant of pension is ten years as per the Finance Department Resolution No.3014 dated 01.07.1980.

(3.) It has been contended by the learned counsel for the petitioner that since continuance of service of the petitioner with effect from 26.04.1979 till the date of his retirement was not interfered with, he is entitled to pensionary benefits under the old pension scheme even though his absorption in regular service was done by the respondents belatedly in the year, 2009. He has contended that on account of laches and lapses on the part of the respondents in regularizing the service of the petitioner from before, the petitioner cannot be deprived of his right to pension under the old scheme.