SHIV KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners, who are working under the respondent North Bihar Industrial Area Development Authority, Muzaffarpur (N.B.I.A.D.A. for short), have preferred this writ petition for direction on the respondents to provide them with current and arrears of deputation allowance, as per law with interest for delayed payment.

(2.) ACCORDING to the petitioners, they are employees of the State of Bihar, holding substantive posts in their parent department under the State of Bihar, having lien over same and being on deputation under NBIADA, are entitled for deputation allowance as per rule/guide line of the State. The respondent -NBIADA, Muzaffarpur and its authority have taken plea that the services of petitioners were transferred by Industries Department, Government of Bihar alongwith all assets and liabilities into the NBIADA, Muzaffarpur and there by there is no question of giving deputation allowance to them. The State of Bihar, in spite of time granted, has not filed any counter - affidavit. The counsel for the State opposed the writ petition and made submission relying on the statement made by the parties and the enclosures attached to the writ petition. He mainly placed reliance on letter dated 2.2.76 issued by the State(Annexure -1/1) to show that it is only those temporary employees who were working under the State, posted in North 3ihar, their services were transferred under the NBIADA, Muzaffarpur. It was submitted that employees being temporary and having transferred outside the department of State Government, they retained no lien against any post under the State Government and thereby not entitled for deputation allowance.

(3.) IN the writ petition, no specific pleadings relating to date of transfer of each petitioners under