STATE OF BIHAR THROUGH THE SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA Vs. UNION OF INDIA THROUGH COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, NEW DELHI

JUDGEMENT

(1.) The present writ petition has been preferred against an order passed by the Central Administrative Tribunal, Circuit Bench at Ranchi in O.A. No. 339 of 2004 dated 17th May, 2005 whereby, a direction was given to the present Petitioners to pay pro?rata contribution towards pensionary benefits for the period for which Respondent No. 4 (who is original applicant) served with the State of Bihar, within two months from the date of receipt of the copy of the order.

(2.) Counsel appearing for the Petitioners mainly submitted that the original applicant has not served for 15 years which is a minimum prescribed length of service for qualifying for pension and hence, the order passed by the Central Administrative Tribunal deserves to be quashed and set aside. It is also submitted by the counsel for the Petitioners that the Petitioners are not liable to make pro?rata contribution towards pensionary benefits to the original applicant, who is present Respondent No. 4. Respondent No. 4 i.e. original applicant has served on the post of Curator for the period running from 16th August, 1966 to 31st July, 1971 i.e. for four years, 11 months and 15 days and this is not a period for which Respondent No. 4 is entitled to get pension. Minimum length of service required is 15 years. This aspect of the matter has not been properly appreciated by the Central Administrative Tribunal and hence, the impugned order deserves to be quashed and set aside.

(3.) Counsel appearing for the contesting Respondent i.e. Respondent No. 4 (original applicant) submitted that he was appointed as a Curator in the Crafts Museum under the Department of Industries, Government of Bihar on 16th August, 1966, after due process of selection. The original applicant worked as a Curator in the Crafts Museum till 31st July, 1971 and after taking due permission from the Government of Bihar he joined Kendriya Vidyalaya Sangathan (hereinafter referred to as 'KVS' for the sake of brevity). The original applicant was relieved from the services of the Government through due process and through proper channel and joined KVS w.e.f. 1st August, 1971 as a Teacher. The original applicant initially, joined at district?Bokaro, Jharkhand as a Trained Graduate Teacher. Thereafter, he was posted at Port Blair and was promoted to the post of Vice Principal in the year, 1994 and after serving at various places in this country, he retired as Vice Principal on 28th February, 2002 from district?Ramgarh. Counsel for the original applicant further submitted that as per Government Rules past services rendered by an employee with the State or Central Government will be counted for the purpose of pensionary benefit, as per Circular of K.V.S. No. F.9?3/99?2000/KVS/Audit dated 17.11.1999. The Circular was issued in consonance with the DOPT instructions in the matter and therefore, the services rendered by the original applicant from 16th August, 1966 to 31st July, 1971 have to be counted for the purpose of pensionary benefit. The KVS has accepted this fact as per rules. However, the State of Bihar has not made pro?rata contribution to them for the period of services rendered by the original applicant with the Bihar Government. It is further submitted by counsel for the original applicant that as per Circular issued by the Government of India, Department of Pen. & Pen. Welfare, the original applicant is entitled to pro?rata contribution of the pension from the State of Bihar and it is an obligation upon the State of Bihar to make such pro?rata contribution towards pension for the period for which the original applicant rendered his services with the State of Bihar and this aspect of the matter has been correctly appreciated by the Central Administrative Tribunal and hence, the petition deserves to be dismissed.