HARISHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) As common question of law and facts arise in these group of writ petitions, all these writ petitions are heard, decided and disposed of together by this common judgment and order.

(2.) The short question, which is posed for consideration of this Court and referred to the Full Court, is with respect to the services rendered by the concerned employees with the Corporation prior to their absorption in the State Government for the purpose of retirement benefits/pensionary benefits etc.

(3.) That all the retired employees-writ petitioners were the employees of the Bihar State Food and Civil Supplies Corporation (hereinafter referred to as the 'Corporation'). That the said Corporation-Company was a private limited company having its own memorandum of association. That when the said Corporation was under liquidation and, therefore, a policy decision was taken to absorb them in the Government service but, in some cases, they were absorbed in the District Consumer Forums under the Department of Food and Civil Supplies, Government of Bihar. That thereafter having attained the age of superannuation, they were paid the retirement benefits on pro-rata basis and their services rendered by them in the State Government and for the period they have served in the Corporation was not taken into account for the purpose of pension/pensionary benefits. Therefore, the respective writ petitioners have approached this Court by way of the present writ petitions claiming the benefit of pension/pensionary benefits also for the period they served in the Corporation. It is their case that they are entitled to the full gratuity by taking into account the services rendered by them in the Corporation.