LAKSHMI NARAYAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition the prayer on behalf of the petitioner is to quash the letter relating to pension and gratuity bearing P.P.O. No. 250881. dated 8.1.1998 and G.P.O. No. 14/98 -99 -8731 dated 23.4.1998, issued by the Deputy Accountant General (A&E) II, Bihar, Patna, whereby the service rendered by the petitioner in the earlier school during the period 9.12.1954 to 21.2.1992 has not been counted for the purpose of grant of pension and gratuity.

(2.) IN short, the relevant facts are that initially the petitioner was appointed as Assistant Headmaster by the Managing Committee of Marachi High School, Patna, where he joined on 12.7.1954. The petitioner was promoted as Headmaster on 25.3.1956. The said School got permanent recognition by the Board of Secondary School Council, Bihar, Patna and was lastly nationalised on 2.10.1980. The petitioner was suspended by the Secretary of that School with effect from 14.7.1970 on some charges and thereafter he was discharged from service on 21.2.1972. The petitioner claims to have filed appeal against the order of his discharge from service before the District Appeal Committee, Patna. However, it is stated that while the appeal was pending, the petitioner was appointed as headmaster in the proposed "Ayodhya High School (Gyan Bharti), Begusarai, on 22.2.1972 and the said school got approval of establishment by the Bihar Secondary Education Council, Patna, vide no. 6461 - 64 dated 2.3.1975. According to the petitioner, his service was also approved as Headmaster in the said school. Thereafter on 7.12.1976 the school got permanent recognition by the Board of Secondary Education, Patna and lastly it was taken over by the Government of Bihar with effect from 2.10.1980.

(3.) IT is contended by Mr. Ganesh Prasad Singh, learned Senior Counsel appearing for the petitioner that the Director (Secondary Education) -Cum -Additional Secretary, Bihar, Patna heard and disposed of the appeal vide order dated 12.3.1985, contained in Annexure -1, allowing continuity of service of the petitioner since his appointment in the earlier school without any financial benefit. In the said order it was further directed that for the purpose of pension, gratuity and seniority, said service of the petitioner would be treated to be active service. It is thus submitted that by virtue of the said order, the petitioner was entitled for getting the benefit of the service rendered at Marachi High School, Patna for the purpose of computation of his pension, gratuity and seniority and, according to him, the Accountant General by issuing the impugned authority letters has arbitrarily and illegally deprived the petitioner of the said benefits.