ANIRUDH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in these three writ petitions have challenged the directions of the State Government in the letter no. 1346 dated 29.2.1994 as a result of which the services of the Officers and employees working in the District Industries Centres at Gaya and Muzaffarpur have not been taken over although the State Government has decided to directly run and manage the two District Industries Centres. ''

(2.) THE Government of India constituted the Rural Industries Planning Committee vide the Planning Commission letter no. V.S.I. -8(6)/61 which recommended programmes for intensive development of small industries in rural areas and small towns so as to create, maintain and expand non -governmental employment and in order to achieve the aforesaid objects; 47 Rural Industries Projects were taken up for implementation of the Programmes. Initially in the State of Bihar, Gram Nirman Mandal, Shek -hodoora (Nawada) and Bihar Khadi Gramoudyog Sangh, Pusa were entrusted with the formulation and implementation of the Programmes.

(3.) THE State Government with the approval of the Government of India decided to entrust wholly the execution of these two Projects to the aforementioned two Non -Official -Organisations and the State Government had to sanction and provide grants -in -aid. The State Government laid down the manner of utilisation of grants -in -aid by the Non -Official organisations in the letter dated 2.12.1967 by the Under Secretary to the Government of Bihar in the Department of Industries and Mines to the Accountant General, Bihar. Following were the main aims and objects of the Projects: (i) To evolve effective techniques, methods and programmes which can be extended progressively to other areas of the State having large incidence of unemployment and underemployment. (ii) To assist in the intensification of various programmes for the development of village and small industries, help in coordinating the functioning of various agencies, being about the fullest possible participation of financial and co -operative institutions, and the integrated development for the rural and industrial economy in terms of area or regional places. Concerted efforts on the above lines said to achieve progressive extension of small industries to rural areas as a solution to the problem of employment and as one of the means of raising the standards of living. (iii) Intensive and integrated development of small industries and of processing industries based on agriculture. They are to be implemented as part of a wider and well -coordinated plan of area of regional development. (iv) Along with other meanures, the Projects are intended to promote the development of cooperative agro -industrial economy. Government of India approved the proposal of the State Government for setting up the Rural Industries Projects to cover the District of Muzaffarpur in the Fifth Five Year Plan and the approval was communicated by the Under Secretary to the Government of India to the Secretary to the Government of Bihar in the Industries and Technical Education Department by the letter dated 2.7.1973 in which it was inter alia clarified that the approval was subject to the terms and conditions contained in the letter dated 25.3.1971 which was generally acceptable to the State Government and a further condition was imposed that the State Government had to implement these Projects by the Organisation headed by late Sri Jai Prakash Narayan.