PRABHAKAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been preferred with the prayer to quash the communication bearing letter No. 768, dated 15.9.2000 (Annexure -15), from the Government of Bihar in the Department of Urban Development (Nagar Tatha Kshetriya Niveshan Sangathan), to the Bihar State Housing Board (hereinafter referred to as 'the Board '), wherein it is stated that the petitioner shall be entitled to the post -retirement benefits from the Board. The petitioner seeks the further relief of revision of pay -scales and payment of post -retirement benefits accordingly from the State Government.

(2.) THE petitioner was -temporarily appointed as Draftsman Grade -ll in the pay -scale of Rs. 115 - 225.00 by the Bihar Government in the Local -Self Government Department, vide Memo No. 8402, dated 24.11.1969 (Annexure -1). He was confirmed on the said post with effect from 16.8.1972, w 'cte order dated 23.11.1973 (Annexure -2). The State Government placed his services at the disposal of the Board, vide Office Order No. 2303, dated 8.6.1973 (Annexure -3). The petitioner was temporarily appointed by the Board as a Draftsman Grade -I in the then pay -scale of Rs. 296 -8 - 360 -EB -9 -423/ -, vide order No. 4342, dated 20.5.1975 (Annexure -4). The Government of Bihar in the Department of Urban Development issued Office Order dated 20.2.1976 (Annexure -5), indicating therein the seniority list of the Draftsman Grade -ll of the Department. The petitioner figured at Serial no. 2 of the seniority list and his description is that "Bihar Rajya Awas Board Me. Pratiniyukt". The petitioner had in the meanwhile submitted his representation for promotions and grant of replacement pay -scales to the State Government which has till date remained unattended. The petitioner ultimately superannuated from the services of the Board with effect from 31.12.1998 while functioning as Draftsman Grade -I. After the petitioner 'ssuperannuation, the Board forwarded his service records, to the Bihar Government for payment of his post -retirement benefits vide letter dated 6.7.2000 (Annexure -11). The Board 'srequest has been repelled by the impugned order whereby the service records of the petitioner have been returned by the State Government to the Board stating therein that the petitioner 'slien on his post in the parent department stood terminated in terms of Rule -68 of the Bihar Service Code (hereinafter referred to as 'the Code ') and, therefore, the post -retirement benefits have to be paid by the Board. Hence this writ petition for the reliefs indicated hereinabove.

(3.) THE Board has placed on record its counter affidavit and has entirely supported the petitioner 'sstand. It is submitted on behalf of the Board that the petitioner 'sservices were never confirmed, or was never substantively appointed by the Board. He, therefore, continued to maintain his lien with the parent department and the pensionary benefits have to be paid accordingly. The Board further supports the petitioner 'scase regarding re -fixation of pay and payment of arrears of salary. The Counsel relies on the judgment reported in (1976) 2 SC C. 844 (State of Haryana V/s. Shri Des Raj Sangar and another).