FAGOO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) LET the Accountant General be made a party respondent in this writ application.

(2.) IN this writ application, the petitioner has challenged the order dated 4.11.93 passed by respondent Special Officer -cum -Joint Secretary, Department of Human Resources Development, Govt, of Bihar, by which the pension of the petitioner is sought to be withheld on the ground that he has not completed ten years of sen/ice after he was reappointed on 10.3.84. The petitioner retired as Class IV employee on 28.2.87 and admittedly he was getting pension but all on a sudden, by order dated 4th November, 1993, the pension which was being paid to the petitioner, has been stopped. The petitioner was appointed in September, 1953 and his services were terminated on account of absence from the duties in 1964. Obviously his services were terminated after completing 10 years of service. The matter was enquired into by the respondent Deputy Director, Secondary Education, Govt, of Bihar, Patna and he came to the conclusion that the petitioner is entitled to pension as he has completed 10 years of service before his services were terminated in 1964. The respondent Special Officer -cum -Joint Secretary without taking into consideration all aspects of the matter has passed the impugned order and thereby the petitioner has been deprived of the pension amount. Prima facie, in the facts and circumstances, I am of the view that the petitioner is entitled for the pension. However, in order to resolve the dispute, I direct the petitioner to file a representation before the Accountant General, Bihar, who will hear the petitioner and/ or his representative and will take a final decision in the matter as to whether the petitioner is entitled to pension in view of the fact that he has completed 10 years of service before termination and further he was reappointed in the year 1984. The decision taken by the Accountant General shall be binding upon the petitioner as well as the respondents. Since it relates to the grant of pension, the Accountant General will take final decision within two weeks from filing representation by the petitioner. This disposes of this writ application.