LAWS(PAT)-2009-12-26

URBAN DEVELOPMENT DEPARTMENT Vs. SURENDRA NARAYAN JHA

Decided On December 15, 2009
URBAN DEVELOPMENT DE Appellant
V/S
SURENDRA NARAYAN JHA Respondents

JUDGEMENT

(1.) THE State of Bihar has preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna and raises a grievance with respect to the judgment dated 6.10.2005, passed in CWJC No. 16590 of 2004 (Surendra Narayan Jha vs. State of Bihar & Ors.), whereby the petitioner's claim for pension for the period he was on foreign deputation and on foreign service, has been allowed.

(2.) THE basic facts essential for disposal of the appeal are not in dispute and may be briefly indicated. THE petitioner (respondent no. 1 herein) was appointed in the services of the Bihar Government as an Assistant Town Planner on ad hoc basis on 13.10.1969. His services as such were confirmed on 1.3.1974. THE Government of India seems to have entered into an agreement with the Government of Lesotho to send on deputation Project Managers to work there which has been described in the communication as "Deputation of Projects Manager for assignment to the Government Lesotho under the ITEC Programme of the Ministry of External Affairs". of the petitioner was selected for deputation land he was on authorized deputation from 13.1.1977 to 21.1.1981. During Ed. -2004(1) PUR 50. the period 8.9.1980 to 31.3.1986, he served the Government of Kenya without permission of the Government of Bihar and/or the Government of India. He seems to have re -joined Government of Bihar in the Department of Urban Development on 1.4.1986, and served upto 1.12.1987. He resigned his service with the Bihar Government on 1.12.1987, which was rejected. However, without permission of the State Government, he re -joined the Government of Lesotho on 4.1.1988, and informed the Bihar Government of the same on 10.4.1988. THEreafter, he raised his claim for pension from the Bihar Government which was declined. He approached this Court by preferring CWJC No. 5736 of 2003, which was disposed of by order dated 10.9.2003, whereby the departmental Secretary was directed to examine the petitioner's case, and pass appropriate orders in accordance with law. Orders have been passed by the concerned authority. Dissatisfied with the same, the petitioner preferred the writ petition bearing CWJC No. 16590 of 2004, which has been allowed. Aggrieved by the same, the State of Bihar has preferred the present appeal.

(3.) WE are, however, required to consider the Rule 276 of the Bihar Service Code Which is reproduced here in below for the facility of quick reference: