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2000 DIGILAW 927 (PAT)

Bukan Ram v. State Of Bihar

2000-07-28

SUDHANSU JYOTI MUKHOPADHAYA

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Judgment 1. This application has been preferred by the petitioner for direction on the Respondents to return back his service from the Bihar State Food & Civil Supplies Corporation (Corporation for short) to the State, the petitioner having initially appointed under the State of Bihar. 2. According to the petitioner, he was appointed as Night Guard on 13th November, 1964 in the Office of Collector, Madhubani. After about 11 years on 10th January, 1975, he was relieved to join under the Corporation at Madhubani in pursuance of direction of Deputy Collector, District Establishment, Madhubani, contained in Memo No. 14 dated 4th December, 1974. Since January, 1975, the petitioner having relieved, he is continuing under the Corporation. 3. According to the petitioner, as the financial position of the Corporation is not good and they are not in a position to pay salary, from time to time, and for the said reason, the petitioner wanted to return back his service under the State of Bihar (Madhubani Collectorate), under whom the petitioner was initially appointed. 4. It appears that the correspondence, in this respect, made between the authorities and the Collector, vide letter dated 17th June, 1995 asked the Chief Administrator of the Corporation to pay salary of petitioner in time. It further appears that the Corporation intended to return back the services of the petitioner under the State, who was the first employer. 5. In the counter affidavit filed on behalf of the Corporation thay have taken plea that the Corporation has no objection if service of petitioner is sent back under the State, where petitioner was initially appointed. The Corporation already requested the State Govt. to take a formal decision relating to return of service of such employees who were initially appointed by the State Govt. and later their services were placed under the Corporation. 6. In the facts and circumstances, I remit the matter to the Respondents State for its decision relating to return of services of petitioner, his service having initially taken under the State. 7. The District Magistrate, Madhubani will take a decision, in this respect and communicate to petitioner, if necessary, after necessary orders of the superior authority within three months from the date of receipt/production of a copy of this order. 8. 7. The District Magistrate, Madhubani will take a decision, in this respect and communicate to petitioner, if necessary, after necessary orders of the superior authority within three months from the date of receipt/production of a copy of this order. 8. It is needless to say that if the decision is passed to take back the services of the petitioner under the State, the Corporation will relieve the petitioner to join the services under the State. 9. The writ petition stands disposed of with the aforesaid observations and directions.