GIRIDHAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner retired from the services of the Bihar State Housing Board. Having not provided with retiral benefits of pension and gratuity, he moved before this Court for such payment with penal interest.

(2.) THE fact as pleaded and admitted above that the petitioner was appointed to the post of Routine Clerk on 17th March, 1956 under the State of Bihar in the Directorate of Gram Panchayat, Subsequently, his service was taken, as direct recruitment in the Housing Department of the State of Bihar as Junior Accounts Clerk on 1st March, 1957. The petitioner was given promotion to the post of Senior Accounts Clerk with effect from 3rd March, 1959 followed by promotion to Selection Grade Scale with effect from 1st April, 1964. 5/1/2013 Page 1 Shiv Narain Singh Versus State Of Bihar

(3.) ADMITTEDLY , the Housing Board subsequently had not framed any rule/regulations regarding service conditions of such transferred employees under section of the Bihar State Housing Board Act, 1982. While, in service of the Housing Board, the petitioner was given promotion to higher post of Divisional Accountant on 13th August '95 and ultimately, superannuated from the services of the Housing Board on 28th February '95. After retirement of petitioner, though the Respondents released the other retiral benefits, pension and gratuity were not released and in absence of such release of pension, the petitioner could not commute the same. For the said reason, the present writ petition was preferred.