(1.) Heard counsel for the parties.
(2.) The petitioner is seeking quashing of part of the notification no. PPO No. GMLCSP057 and GPO No. 1395/2010 dated 11th November 2010, whereby an amount of Rs. 2,02,805/- has been adjusted from the Head of Gratuity against the pensionery dues of the petitioner. Petitioner has also also made a prayer for commanding upon the respondents to count the period of his services under the Bihar State Food and Civil Supplies Corporation Ltd in continuity and accordingly, pay full pension / family pension, gratuity and other post retiral benefits on prorata basis and not to discriminate the petitioner with similarly situated person. Consequently, he has made a prayer that the respondents be directed not to recover the amount of Rs. 2,02,805/- from the head of Gratuity.
(3.) The case of the petitioner in short is that he was appointed in the Bihar State Food and Civil Supplies Corporation Ltd (hereinafter to be referred as 'Corporation') on 5th June 1975 (Annexure-1) as a Lower Division Clerk, whereafter, he joined on 9th June 1975. He continuously served in the Corporation till his services were placed at the disposal of the Deputy Commissioner, Gumla for posting in the District Consumer Forum vide Memo No. 1488 dated 31st March 1997. He accordingly joined in Gumla District Forum on 8th April 1997 on the post of Personal Assistant. According to the petitioner, appointment of the petitioner in the District Consumer Forum from his earlier services under the Corporation was in the nature of absorption, as per the communication contained in Memo No. 1488 dated 31st March 1997 (Annexure-2) issued by the Food, Supply and Commerce Department, Government of Bihar. According to the petitioner, this communication also indicated that the incumbents whose services were placed in different districts forums from erstwhile services of the Corporation were to be given the same scale on which they had left the Corporation. In such circumstances, the petitioner served the District Consumer Forum after his joining on 8th April 1997 and finally, superannuated on 31st March 2009.