MANGAL SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) -The petitioner in this writ application has prayed for quashing of the order dated 28-11-94, contained in annexure-2, issued by the Assistant Manager, (Pension), Road Corporation of India (respondent No. 5) for Regional Director (Food), whereby and whereunder the prayer of the petitioner for counting/Exceptance of his services rendered under the State Govt. of Bihar for the period from 6-8-1947 to 22-3-1955 in conjunction with the services under RDF/FCT for the purpose of pensionary benefits has been rejected by the Ministry of Food. Further, it has been prayed that respondents be directed to make computation of final pension of the petitioner by adding the aforesaid period of his service rendered under the Government of Bihar to services rendered by him in the Central Govt. namely, the Ministry of Food and also to pay interest over and above the amount of arrears and damages on account of harassment caused to him since 1980.

(2.) In short, the relevant facts are that the petitioner, who was a graduate, was appointed as temporary Assistant in the Department of Health, Government of Bihar on 6-8-1947 and he worked in the said department till 5-1-1950. From 6-1-1950 he joined as Provincial Marketing Inspector, which was later converted into Assistant Marketing Officer and continued on the same till 28-2-1955. The petitioner worked as Supply Inspector under the then department of Supply and Price Control from 1-3-1955 to 22-3-1955. The Food Storage Depots of the Central Government, which were managed by the State Government till 28-2- 1955 were taken over by the Central Government from 1-3-1955. After the take over the petitioner was given option to remain in State Government service or to opt for Central Government service. A Board was also constituted by the Government of India for screening out the employees, in which the petitioner was selected and was asked to join the Government of India, where he joined on 23-2-1955 in the Ministry of Food and Agriculture. Later, while retaining lien in the said Ministry the petitioner was deputed under the Food Corporation of India, from where he superannuated as Assistant Manager on 31-12-1980. His pension has been computed, counting his services from the date of joining the Central Government i.e. 23-3-1955 to 31-12-1980, ignoring the services rendered by him under the Government of Bihar for the aforementioned period.

(3.) It is alleged that the petitioner was made to run from pillar to post and he also made serveral representations before various authorities for computation of his pension, by taking into consideration his services rendered by him under the State Government. The Government of Bihar, vide Memo No. 1808 dated 7- 5-94 certified about the service rendered by the petitioner under it during the aforementioned period in question and by annexure-1 recommended the Regional Manager (East), Food Corporation of India for computation of his pension on that basis, which, however, has been turned down by the impugned order.