RAMA KANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) PETITIONERS in all these writ applications are employees of various Command Area Development Agency. Some of the petitioners are working with Sone Command Area Development Agency and others under Gandak Command Area Development Agency (hereinafter to be referred to as the Agencies). These Agencies were established under resolution of the Government dated 1.10.1975. Subsequently vide, an Ordinance promulgated in the year 197 5 a statutory status was granted to these Agencies. It was finally converted into The Bihar Agricultural and Rural Area Development Agency Act 1978 i.e. Act 3 of 1979. In terms of this legislation, the Agencies are autonomous bodies in their own right and they have a Board of Directors for administration and control over these Agencies under Section 39 of the Act. These Agencies have powers to make Rules and Regulations for its governance the same is subject to prior approval of the State Government.

(3.) FROM the very beginning there have been two set of employees working with these command Agencies. One set were those who were appointed by the Agencies at their own level and the second set were those who were sent on deputation from Government of Bihar. For those who were sent on deputation from Government of Bihar they were treated as employees of the State of Bihar and, therefore, their service conditions, payment of salary etc. was responsibility of the State. For those employees who were appointed by the Agencies their payments used to be made by the Agencies from the grants received from the Central and the State Government released from time to time.