Sanjay Kumar Dwivedi, J. 1. Heard Mr. Arvind Kr. Singh, learned counsel appearing for the petitioner and Mr. R.K. Sahi, learned A.C. to A.A.G. in W.P.(S) No. 3813 of 2013, Mrs. Swati Shalini, learned counsel appearing for the petitioner and Mr. Yogesh Modi, learned A.C. to A.A.G. in W.P.(S) No. 7056 of 2011 and Mr. Pankaj Kumar, learned J.C. to G.A Bihar in both the writ petitions. 2. As in both the writ petitions common issues are involved, therefore, these writ petitions are heard together and being disposed of with common judgment. 3. The petitioners have preferred these writ petitions for payment of full and final gratuity, leave encashment of 300 days (in W.P.(S) No. 3813 of 2013) and for 200 days (in W.P.(S) No. 7056 of 2011) of unutilized earned leave on the basis of last emoluments and for grant of A.C.P. 4. Learned counsel for the petitioner (in W.P.(S) No. 3813 of 2013) submits that the petitioner was initially appointed as a Peon on 01.02.1977 under the Bihar Panchayati Raj Finance Corporation Ltd. and he was posted at Chaibasa. The petitioner has served the said respondent corporation at Giridih in the State of Jharkhand before the bifurcation of the State of Bihar and he also worked in the place which is now falls under the State of Jharkhand. Due to financial impediment the corporation was not able to pay salary to the petitioner along with the other employees for a considerable long time and then the Government of Bihar, Rural Development Department (Directorate of Panchayati Raj) accordingly, took a decision to depute the employees on the vacant Class-III & IV posts available in the District Rural Development Agency of different districts. The Deputy Development Commissioner-cum-the Managing Directors of all the districts of the then State of Bihar were directed to provide information in respect of class III and IV vacancies vide letter dated 16.04.1999 which is annexed as Annexure-1 to the writ petition. Thereafter, the Additional Secretary to the Government of Bihar, Rural Development Department (Directorate of Panchayati Raj) vide letter dated 19.04.1999 was pleased to depute the services of the petitioner at the District Rural Development Agency, Sahibganj on the post of Clerk. Inter alia on the following conditions: (a)That the salary etc. Thereafter, the Additional Secretary to the Government of Bihar, Rural Development Department (Directorate of Panchayati Raj) vide letter dated 19.04.1999 was pleased to depute the services of the petitioner at the District Rural Development Agency, Sahibganj on the post of Clerk. Inter alia on the following conditions: (a)That the salary etc. of the petitioner shall be paid by the District Rural Development Agency and the requisite amount in his Contributory Provident Fund shall be deposited by the said Agency and the said Agency shall also extend the other admissible benefits to the petitioner. (b)That the arrears of salary of the petitioner shall not be paid by the said District Rural Development Agency. The name of the petitioner (Mr. Sanika Nayak) finds place at Serial No. 1 in the letter dated 19.04.1999 which is annexed at Annexure-2 to the writ petition. The petitioner was subsequently transferred and posted on the vacant posts of Assistant in the District Rural Development Agency, Simdega vide letter dated 12.06.2003 at Annexure-3. The petitioner has joined Simdega on 18.11.2003. In the Service Book of the Deputy Development Commissioner, Simdega through his letter dated 25.01.2008 was pleased to ordered that on the basis of the date of birth of the petitioner 25.01.1948 as mentioned in his service Book he will be retired on completing sixty years on 31.01.2008 and hence, he was ordered to hand over the complete charge of his post at the time of his retirement to the concerned assistant, letter dated 25.01.2008 is annexed as Annexure-4 to the writ petition. After retirement an amount of Rs. 78,441.00 has been paid to the petitioner, Sanika Nayak, by the Deputy Development Commissioner, Simdega on account of his contributory provident fund. The petitioner made a representation before the authorities for payment of gratuity and leave encashment after retirement on 21.03.2012 annexed asAnnexure-8 to the writ petition, the petitioner requested the Managing Director of the Respondent Corporation for payment of the benefits. 5. Mrs. Swati Shalini, learned counsel for the petitioner in W.P.(S) No. 7056 of 2011 submits that the writ petition has been filed by the petitioner for payment of gratuity and leave encashment of 200 days. The petitioner initially was an employee of Bihar Panchayati Raj Financial Corporation Ltd. A corporation under the Rural Development Department. 5. Mrs. Swati Shalini, learned counsel for the petitioner in W.P.(S) No. 7056 of 2011 submits that the writ petition has been filed by the petitioner for payment of gratuity and leave encashment of 200 days. The petitioner initially was an employee of Bihar Panchayati Raj Financial Corporation Ltd. A corporation under the Rural Development Department. Due to financial problem the employees of that department were not getting salary for a long time and the Government of Bihar took a decision vide order dated 28.11.1998 to depute the employees on the Class-III and IV grade post. The petitioner was deputed on the post of Accountant /Accountant Clerk in the District Rural Development Authority on 7.12.1998. The joining of the petitioner was accepted on 19.12.1998 in the meeting of the District Rural Development Authority and his appointment was approved. The minutes of the meeting dated 19.12.1998 is annexed as Annexure-1 to the writ petition. Initially the deputation period was for six months. Later, vide order dated 02.07.1999 intimated all the District Officers cum Chairman, Deputy Development Commissioner cum Managing Director of all the District Rural Development Authorities that the said time limit of six months has been ended and there shall be no fixed period of deputation. On a meeting held on 9.8.1999 the petitioner’s deputation was extended till further orders by the then Deputy Commissioner, Bokaro. The minutes of the meeting dated 09.08.1999 annexed as Annexure-3 to the writ petition. After reorganization of the State of Bihar the petitioner continued working in the District Rural Development Authority in the State of Jharkhand on the post of head clerk and superannuated on 30.06.2009 and vide memo dated 25.09.2010 (annexed as Annexure-4 to the writ petition) the petitioner received Rs. 1,35,640/- towards gratuity for the period from 7.12.1998 to 30.6.2009 mentioning therein that for the previous period the gratuity is payable by the Panchayati Raj, financial Corporation, Patna. The petitioner was also asked to execute indemnity bond (annexed as Annexure-5 to the writ petition) which the petitioner executed in the format prescribed by the respondent authorities. In lieu of the implementation of the sixth pay revision an amount of Rs. 1,94,000/- and 46,000/- was found payable to the petitioner but the respondents deducting the entire amount paid towards gratuity to the tune of Rs. 1,35,640/- and released an amount of Rs. In lieu of the implementation of the sixth pay revision an amount of Rs. 1,94,000/- and 46,000/- was found payable to the petitioner but the respondents deducting the entire amount paid towards gratuity to the tune of Rs. 1,35,640/- and released an amount of Rs. 58,406/- only on the basis of an office order dated 29.07.2011 (annexed as Annexure-6 to the writ petition) passed by the Deputy Development Commissioner, Bokaro. 6. But the learned counsel for the State of Jharkhand submits that the State of Jharkhand is not liable to pay the retiral dues and the same should be paid by the State of Bihar. 7. State of Bihar in its Counter Affidavit submitted that after the bifurcation of the State of Bihar vide Bihar Reorganisation Act, 2000, the service records of all the employees who worked for the State of Jharkhand have to be maintained by the State of Jharkhand for continuing their service in Jharkhand and section 53 of the Act, 2000 dealt the pension of the employees. Further, the State of Bihar referred a letter dated 07.06.2012 issued by the Ministry of Personnel, Public Grievance and Pension, Government of India and submits that in this letter the Government of India took a stand that the State of Bihar is not liable to pay any dues to the petitioners, the same should be paid by the State of Jharkhand where the petitioners was last worked. Learned counsels for the petitioners submit that the petitioners had been deputed in the District Rural Development Agency in the State of Jharkhand with the conditions stipulated therein and in view of that conditions the petitioner cannot claim any dues from the State of Bihar the same can be claimed from the State of Jharkhand. They further submit that in view of the Annexure-5, the petitioner is also entitled for payment of dues and benefits as similarly situated employee was paid. 8. Learned counsels for the petitioners on the basis of Annexure-A which is letter dated 07.06.2012 issued by the Government of India submits that it is stated in the letter that the person who will retired from the territory under which they last worked on the date of retirement the State will be assumed as allotted State in respect of that person and that successor State will pay every retiral benefits where he has last worked. 9. Mrs. 9. Mrs. Swati Shalini, learned counsel appearing for the petitioner in W.P.(S) No. 3813 of 2013, relied upon the minutes of meeting dated 19.12.1998 wherein the deputation/transfer of Surendra Paswan, the petitioner, has been confirmed she submits that the minutes of meetings confirm the petitioner Surendra Paswan and he is entitled for the benefits of gratuity leave encashment which further extended in view of the letter of Government of India Dated 07.06.2012. She further submits that the deputation made by the respondents’ authority is not simple in nature. The respondents authority for the purpose to meet poor financial condition depute and transfer the employees. According, to the letter dated 07.06.2012 issued by the Ministry of Personnel, Public Grievance and Pension, Government of India the petitioners are entitled for benefits of gratuity of leave encashment from the State of Jharkhand. 10. Having heard the learned counsel for the parties the writ petitions allowed for the following reasons: The petitioners were never asked for any option as to whether they are willing to go to District Rural Development Agency or not. They have been deputed in the year 1998 and 1999 respectively They were worked honestly, sincerely and diligently with the department. Thus, it is submitted by the learned counsels for the petitioners that everything was under compulsion and nothing was voluntary. Sending on deputation was also under compulsion and at the time of absorption also never asked from the petitioners that if they are opting to continue at the District Rural Development Agency, they will lose their earlier services, which they have rendered in their parental Boards/Corporations. This is an extreme example of compulsion on the part of the respondents. There is unequal bargaining power between the State and petitioners-employees. The State cannot take advantage of a high bargaining power vested in it. 11. Further vide Annexures-5 and 5/1 with the writ petition, it appears that similarly situated persons have been allowed gratuity by the State of Jharkhand and they paid for that accordingly. The Government of India vide letter dated 07.06.2012 directed that the person/employees get his retiral benefits from the State where he last worked and they will be entitled for retiral dues from that State and in view of that the petitioners are entitled for gratuity and leave encashment from the same State from where they were deputed and retired. The Government of India vide letter dated 07.06.2012 directed that the person/employees get his retiral benefits from the State where he last worked and they will be entitled for retiral dues from that State and in view of that the petitioners are entitled for gratuity and leave encashment from the same State from where they were deputed and retired. Accordingly, District Rural Development Agency which is a parent department at the time of retirement of the petitioners is directed to pay gratuity and leave encashment to the petitioners within six weeks’ from the date of production of a copy of this order. 12. Accordingly, the writ petitions are allowed.