LAWS(PAT)-2007-8-135

RANA RAM YATAN SINGH Vs. UNION OF INDIA

Decided On August 20, 2007
Rana Ram Yatan Singh Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) HEARD counsel for the petitioner and Mr. Santosh Kumar Jha appearing for the Union of India.

(2.) PETITIONER has filed the present writ application for a direction upon the respondent Indian Drugs and Pharmaceuticals Limited (IPCL) to consider the services rendered by petitioner earlier under Heavy Engineering Corporation (HEC), Ranchi in commutation of retirement benefits payable to him. Some basic facts are not disputed that petitioner was initially appointed as Work Sarkar on 23.3.1963 under HEC, Ranchi. He worked under HEC till 9.6.1977. In the year 1997 {sic -1977 ?)petitioner came across an advertisement issued by the IDPL. The advertisement also had a post of Accounts Assistant to be filled up on due selection. Petitioner applied for the same said post of Accounts Assistant under IDPL and was offered an appointment letter contained in Annexure - 1. Petitioner was expected to join his post under IDPL by 10.6.1977. Petitioner resigned his earlier post under HEC and the same was accepted on 9.6.1977. From 10.6.1977 petitioner has worked under IDPL and subsequently when a scheme for voluntary retirement was circulated by IDPL petitioner choose to opt for the same.

(3.) PETITIONER is aggrieved because while working out his claim the respondent IDPL, Muzaffarpur has not taken into consideration his past services under HEC, Ranchi. In the opinion of petitioner since both the organisations were Public Sector Undertaking, therefore, he was entitled to carry his service and its benefit under the new employer. Since respondent IDPL refused to accept this position petitioner has had to file this writ application. Learned counsel for petitioner tries to draw my attention to some of the provisions contained in Appendix -11 of the CCS (Pension) Rules to show that he is entitled to what he is claiming.