SHAMBHU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the prayer on behalf of the petitioner is for issuance of a writ of mandamus commanding the respondents to restore his pension, in view of the judgment of the Supreme Court in D.S. Nakara v. Union of india, reported in A.I.R. 1983 S.C. 130 and in view of the Circular of the Government of Bihar, bearing No. 646/F.D. dated March 8, 1983, contained in Annexure 3 to the writ application.

(2.) In short, the relevant facts of the case are that the petitioner, in his long career spanning more than 35 years of executive work, had served Tata Iron and Steel Company Limited (in short 'TISCO'), then in the Government of Bihar, first as Chief Engineer, Sindri Superphosphate Factory, then as General Manager of Bihar State Industrial Development Corporation Ltd. and later as Deputy Chief Engineer (Mechanical) and subsequently as Chief Engineer (Mechanical) General Manager Construction of M/s Bokaro Steel Limited, where he worked as a deputationist at the instance of his employer, Government of Bihar. On 23rd August, 1976, the petitioner on deputation joined the Indian Oil Corporation Limited (in short 'IOC') at New Delhi as General Manager (Pipe Lines) and thereafter appointed as General Manager, Barauni Refinery.

(3.) It is stated that in course of his deputation with IOC, a Government of India Undertaking, a request was made by the said Organisation to / the Secretary, Department of Industries, Government of Bihar (Respondent No. 3) for agreeing to petitioner's permanent absorption in the said organisation in public interest by letter dated 27th August, 1976. A true copy of the said letter has been annexed as Annexure 1. According to the petitioner, respondent No. 3, vide order dated 28th September, 1977, gave approval for his permanent absorption in IOC with effect from the date of his joining on 23rd August, 1976. The petitioner thereafter continued to work in IOC until 1980. At the time of absorption in the aforesaid Public Sector Undertaking, the petitioner exercised his option to receive lump-sum amount in lieu of monthly pension worked with reference to commutation tables then existing in the Pension Rules of the Government of Bihar.