KAROO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application under Article 226 of the Constitution of India, the petitioner has challenged Clause -1 of the Government policy decision as contained in Memo No. 359 dated 17.1.1990 (Annexure -1) and also communication from the Accountant -General, Bihar, dated 11.12.1995 (Annexure -5). The petitioner is a retired Chawkidar and has challenged the aforesaid policy decision and letter because they stand in his way in claiming pension as a Government servant under the State of Bihar.

(2.) THE facts of the case are not in dispute and they may be noticed only in brief. Admittedly, the petitioner was appointed as a Chawkidar in 1954 for a Rural Police Station beat under Rupauli Police station in the district of Purnea as per the provision in the Bihar Chawkidari Manual which consists of the Village Chawkidari Act, 1970 and the Rules framed thereunder. His service condition continued to be governed by the said Bihar Chawkidari Manual and were admittedly without benefit of any pension. But on 17.1.1990, a Government policy decision was issued vide Annexure -1 whereby and whereunder all the Chawkidars and Dafadars, upon their demand, were declared Class IV employees of the State Government and were granted status of such Government employees with effect from 1.1.1990. Thereafter the petitioner started getting pay -scale, etc. admissible to Class IV Government employees and ultimately retired from service with effect from 30th September, 1994. After his retirement from service, details of the petitioner's service were conveyed to the Accountant General, Bihar through Annexure -4 dated 16.9.1995 and upon that the impugned order contained in Annexure -5 was issued from the Accountant -General, Bihar, holding that the petitioner is not entitled to any pension under the Bihar Pension Rules.

(3.) IN support of the aforesaid pleas, learned Counsel for the petitioner submitted that by applying the test as indicated for finding out whether the service is a service under the State or not, in the judgment of the Apex Court in the case of State of Gujarat and Anr. v. Ram Lal Keshav Lal Soni and Ors. reported in 1983 (1) All India Service Law Journal 268, the Chawkidars appointed and serving as per the provision of Bihar Chawkidari Manual will be found to be holding a Civil post under the Government. In support of this proposition, learned Counsel for the petitioner further relied upon a Division Bench decision of this Court in the case of Rajpati Dubey v. State of Bihar reported in 1992 BLJR 558.