NAINI GOPEL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, prayer of the petitioner is to quash Annexure -4 issued by the Information and Public Relation Department, Government of Bihar rejecting the application of the petitioner to condone the break in service during the period 9 -8 -1955 to 30 -11 -1955, and further petitioner has sought for a mandamus directing the Respondents -authorities to re -fix his pension after condoning the said period of break of 114 days and to make payment of revised pension with effect from the date of super -annuation till date.

(2.) IN short, the relevant facts are that on 26 -1 -1950, the petitioner was appointed as temporary Assistant in the Bihar Legislative Council. He was confirmed and made permanent on the post of Assistant on 29 -12 -1952 and worked in the Council till 8 -8 -1955. Thereafter, the petitioner joined in the University service on 9 -8 -1955 and worked there for 114 days, i.e. up to 30 -11 -1955, whereafter he again joined in the Government Department on the post of District Public Relation Officer on 1 -12 -1955 and ultimately, superannuated from Government Service on 30th September, 1986.

(3.) LEARNED Counsel for the petitioner has submitted that since the resignation for taking up another appointment was approved by the appointing authority, it is not a resignation of the public service and the period rendered counts in service. In support of this, he placed reliance on Rules 101(b) and 105 of the Bihar Pension Rules, Rule 101(b) provides that resignation of an appointment with the approval of the appointing authority to take up another appointment, service in which counts, is not a resignation of the public service, and Rule 105 provides that subject to any rules which the Provincial Government may prescribe and upon such conditions as it may think fit in each case to impose the authority competent to fill the appointment held by a Government Servant at the time condonation is applied for, where he to vacate the appointment, may, condone all interruption in his service.