Research › Search › Judgment

Patna High Court · body

2000 DIGILAW 1063 (PAT)

Pram Prakash v. State of Bihar

2000-08-31

S.K.KATRIAR

body2000
JUDGMENT S.K. KATRIAR, J. :- This writ petition has been preferred by a retired employee of the Bihar Government for release of his superannuation benefits. 2. The petitioner was appointed as a Manager in the Bihar State Dairy Development Corporation (hereinafter referred to as the Corporation), which was a company incorporated under the Indian Companies Act, 1956, and the entire shares of which were held by the State of Bihar or its official nominees. The petitioner was so appointed by letter no. 260, dated 10.9.75 (Annexure 14 to the petitioner's second supplementary affidavit). The Corporation fell in difficulties and the State Government decided to wind up the Corporation. In that view of the matter, it created three categories of employees for deployment of the work force. The first category comprised of those employees who were absorbed in the Milk Federation, the second category comprised of those employees whose services were transferred to the State Government with continuity of service, vide order of the State Government bearing memo no. 2452, dt. 13.5.86, which was Annexure 5 to the petitioner's earlier writ petition bearing CWJC No. 12545 of 1993. The petitioner belonged to this category, and his services were accordingly transferred to the State Government with continuity of service, and he started working as Dairy Research Officer with effect from 14.8.87 in the Animal Husbandry Department (Dairy), Government of Bihar. The third category was of those employees who were not provided any employment at all and had to leave. As usual with the State Government, a formal order absorbing the services of the petitioner was not passed. The petitioner had, therefore, to move this Court in CWJC No. 1254 of 1993 which was allowed. Accordingly, the State Government issued notification bearing memo no. 294, dt. 20.3.95 (Annexure 4), whereby the State Government absorbed the services of the petitioner in the Bihar Government retrospectively with effect from 14.8.87 on the post of Dairy Research Officer being a class II post. 3. The petitioner superannuated from the services of the Bihar Government with effect from 31.8.94. and he has not till date been given the time-bound promotion, the amount of gratuity, and the monthly pension. The remaining items have already been paid to the petitioner arid he does not make a grievance. 3. The petitioner superannuated from the services of the Bihar Government with effect from 31.8.94. and he has not till date been given the time-bound promotion, the amount of gratuity, and the monthly pension. The remaining items have already been paid to the petitioner arid he does not make a grievance. In so far as the issue of time bound promotion is concerned, the petitioner's case is that in view of the fact that he had joined the services of the Corporation with effect from 10.9.75 (Annexure 14), he should be deemed to have completed ten years of service with the State Government entitling him to the time-bound promotion with effect from 12.9.85. On account of inaction of the State Government, the petitioner moved this Court in CWJC No. 3824 of 1996 which was allowed by order dated 15.4.98 (Annexure 5). It is stated in the said order dt. 15.4.98, that it was stated on behalf of the State Government that the petitioner's case shall be considered for time-bound promotion in terms of the judgment dt. 19.10.95 (Annexure 6). passed by a learned Single Judge of this Court in a comparable writ petition, namely, CWJC No. 4616 of 1995 wherein it was observed as follows :- "Such being the position, in stead of cancelling the order, it was desirable for the Director, Animal Husbandry, to reconsider the case of the petitioners for such time-bound promotion to next higher grade from the date the petitioners completed their 10 years of service by counting the services rendered by the petitioners under the Corporation. If the date of such time-bound promotion goes back to a date prior to their date of absorption (7th March, 1986), then in that case arrears of earlier period is to be paid by the Corporation, which the respondent State can recover from the respondent Corporation itself." (Emphasis supplied) Consistent with the said direction in CWJC No. 4616 of 1995 the petitioner's writ petition was also allowed and the State Government was directed to pass appropriate order with respect to the petitioner. In spite of lapse of time since 15.4.98, the State Government does not seem to have passed the order, and has not brought to the notice of this Court any such step towards consideration of the matter. In spite of lapse of time since 15.4.98, the State Government does not seem to have passed the order, and has not brought to the notice of this Court any such step towards consideration of the matter. In that view of the matter, this Court is left with no option but to direct the State Government to grant the benefit of first time-bound promotion to the petitioner with consequential benefits with effect from 12.9.85. 4. In so far as the question of gratuity is concerned, it is manifest from the pleadings that the petitioner did not receive any amount of gratuity from the Corporation. It is manifest from a plain reading of order no.5, dated 16.3.99 (Annexure 10 to the petitioner's rejoinder), that the Corporation passed a resolution that the present employer, i.e. the last employer of the transferred employees, shall pay the entire amount of gratuity admissible to such employees after taking into account his services rendered in the Corporation. However, in spite of the opportunity given to the State Government, they have not denied its enforceability In so far as the State Government is concerned. In that view of the matter, and also in view of the fact that the Corporation was an instrumentality of the Bihar Government the entire shares of which were held by the Government of Bihar, and also in view of the fact that the State Government and Corporation were acting in tandem to facilitate a smooth winding-up of the latter, I hold that the order dated 16.3.93 (Annexure 10) binds the State Government. Accordingly, I direct the State Government to pay the entire amount of gratuity to the petitioner taking into account his services rendered to the Corporation with effect from 10.9.75. 5. This takes me to the last grievance raised by the petitioner, i.e. with respect to payment of pension to him. Learned Government Counsel has invited my attention to the averments made in paragraph 4 of its counter affidavit which reads as follows :- "4. That the statement made in para no.4 of the writ petition, is not correct. According to Bihar Pension Rules a minimum of 10 years of Government service is required for the pension and gratuity. However, the petitioner has completed less than 10 years of service, accordingly the petitioner's claim is not maintainable." Rules 55 and 58 of the Bihar Pension Rules read as follows :- "55. According to Bihar Pension Rules a minimum of 10 years of Government service is required for the pension and gratuity. However, the petitioner has completed less than 10 years of service, accordingly the petitioner's claim is not maintainable." Rules 55 and 58 of the Bihar Pension Rules read as follows :- "55. The claim of a Government servant, promoted from an inferior to a superior grade as a reward for meritorious service will be specially considered by the Provincial Government. This rule is to be strictly interpreted and a claim under it can be founded only on exceptional promotion made out of the ordinary course." "58. The service of a Government does not qualify for pension unless it conforms to the following three conditions :- First - The service must be under Government. Second - The employment must be substantive and permanent. Third - The service must be paid by Government. These three conditions are fully explained in the following sub-section." It is manifest from a plain reading of these provisions that the petitioner qualifies for pension from Bihar Government, and the only question for consideration is that the same should be computed from which date. Learned Government Counsel has not been able to bring to my notice any provision restricting the pensionary benefits unless the employee has completed minimum of ten years of service. However, in view of the position that the Corporation was an instrumentality of the State Government held its entire share, and the services of some of its employees were taken over by the State Government, it goes without saying that the State Government had taken, over their services with the intent to grant them the benefit of past services rendered to the Corporation. This is further• fortified by observations of this Court in CWJC No. 4616 of 1995 set out hereinabove. In that view of the matter, I hereby hold that the petitioner is entitled to pension from the Bihar Government which shall be computed on the basis of his services commencing on 10.9.75. 6. In the result, this writ petition is allowed, and the State Government is hereby directed to give to the petitioner as follows: - i. The benefit of time-bound promotion with consequential benefits with effect from 12.9.85. ii. To grant the amount of gratuity after taking into account his services rendered to the Corporation with effect from 10.9.75. iii. 6. In the result, this writ petition is allowed, and the State Government is hereby directed to give to the petitioner as follows: - i. The benefit of time-bound promotion with consequential benefits with effect from 12.9.85. ii. To grant the amount of gratuity after taking into account his services rendered to the Corporation with effect from 10.9.75. iii. To grant monthly pension after taking into account his services rendered to the Corporation with effect from 10.9.75. In the peculiar facts and circumstances of this case, the petitioner shall not De entitled to interest if the aforesaid benefits are released to the petitioner within a period from six months from today, failing which he shall be entitled to interest with effect from 31.8.94.