Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18452 of 2008 ====================================================== Badhawan Singh son of late Nathu Singh, resident of village-Palpal, p.S. Daltenganj, District- Palamu. Versus .... .... Petitioner/s 1.The State Of Bihar. 2.The managing Director, Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, 5th Floor, Virchand Patel Path, Patna. 3.The Secretary, Supply and Food Commerce Department, Government of Bihar. 4.The Chief Finance, Bihar State Food and Civil Supplies Corporation Limited, Virchand Patel Path, Patna. 5.The District Magistrate, Aurangabad. 6.The Chairman, District Forum(Consumer Protection) ,Aurangabad, Bihar. 7. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Aurangabad. .... .... Respondent/s ====================================================== Appearance : For the Petitioner : Mr. Shailesh Kr.Singh For the Respondents no. 2,4 & 7 : Mr. S.P.Tripathi For the State : Mr. Deepak Kumar,A.C. to G.P.3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 3 22-01-2013 Having heard learned counsel for the parties and with their
Decision
consent this writ petition is being disposed of at this stage itself. The petitioner claims pension and retiral dues having retired as a Peon from the office of the Chairman of the District Consumer Forum, Aurangabad. Pursuant to earlier order of this Court the claim of the petitioner was rejected by the Secretary, Department of Food and Civil Supplies holding that the petitioner’s employment in government service being less than ten years, he is not qualified to receive pension. It is the correctness of Patna High Court CWJC No.18452 of 2008 (3) dt.22-01-2013 2 this order that is under challenge before this Court. It is not in dispute that the petitioner was duly appointed as a Palladar at the departmental godown of district Palamu at Latehar, which was duly approved by the Deputy Commissioner, Palamu, as is evident from memo no. 1635/SC/datd 25.9.1967 of the Assistant District Supply Officer, Latehar. The date of appointment of the petitioner was 29.11.1966. It appears that thereafter the said godown was transferred to Bihar State Food and Civil Supplies Corporation, Government of Bihar undertaking, and accordingly the services of the petitioner stood transferred to the Corporation aforesaid. The Corporation is fully controlled by the State and is fulfilling its obligation. It is nothing but a corporatisation of governmental function. The said Bihar State Food and Civil Supplies Corporation in due course of time became financially defunct .The State Government took decision to absorb the employees of the Corporation in various departments and Sections of the Government. Accordingly, office order was issued under the order of the Managing Director of the Corporation by which the petitioner was sent as Orderly-cum Peon to the District Consumer Forum, Aurangabad, under the department of Food and Civil Supplies, Government of Bihar at Aurangabad where the petitioner joined on 4.4.1997. If we refer to the office order passed Patna High Court CWJC No.18452 of 2008 (3) dt.22-01-2013 3 by the Managing Director of the Corporation, it clearly shows that the petitioner was absorbed in the State service. The petitioner thereafter superannuated on 31.8.2002 and his pension papers were forwarded to the Accountant General by the Chairman of the District Consumer Forum, Aurangabad, clearly showing that the petitioner employment was from 29.11.1966 to 31.8.2002 and he would be entitled to pension of about Rs. 1630/- monthly. This is evident from Annexure 4 to the writ petition. When this was not paid, the petitioner came to this Court and ultimately the impugned order denying pensionary right has been passed by the Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, as contained in Annexure 7, being dated 3.7.2007, which is challenged in this writ petition. Having heard learned counsel for the parties, in my view, the writ petition must succeed and the impugned order, as contained in Annexure 7 cannot be sustained. It is not in dispute that originally in the year 1966, the petitioner was appointed as per approval granted by the Deputy Commissioner, Palamu in the State Food Grain Godown as is apparent from Annexure 1. He was thus an employee of the State. Upon this godown being transferred to State Controlled Corporation being the Bihar State Food and Civil Supplies, the Patna High Court CWJC No.18452 of 2008 (3) dt.22-01-2013 4 petitioner’s services were also transferred to the said State Controlled Corporation. The Corporation was set up by the State to perform its governmental function, that is, purchase, storage, sale and distribution of food grains on behalf of the State. It is nothing but a Corporatisation of governmental function. The petitioner was continuously in the State Corporation till 1997 when the Corporation being financially defunct, he was absorbed in government service and appointed as a Peon/Orderly in the District Consumer Forum, Aurangabad from where he retired in 2002.Thus seen, the petitioner was in public employment under the State Control right from 1966 up to 2002 when he superannuated from State service without dispute. That being so, the contention of the State that he was an employee in the District Consumer Forum for a period of ten years and as such not in continuous government employment of over ten years is not correct. The very letter of the Corporation by which he was sent to the District Consumer Forum clearly shows that he was being absorbed in State service. That was not a fresh appointment. If we see that initial appointment of the petitioner was in State service which service was transferred to State Corporation from where he come back to the State service, the continuity cannot be lost. Thus, in my view, the petitioner is entitled to full pension for the Patna High Court CWJC No.18452 of 2008 (3) dt.22-01-2013 5 entire period of service ,as noted above. Learned counsel for the petitioner rightly relied on a judgment of this Court rendered under similar circumstances being the case of Md. Leiaquat @ Leiaquat Ali –v- The State ofBiahr & ors. being C.W.J.C.No. 13026 of 2005, decided on 20.11.2008.The facts are similar. Thus, in my view, Annexure 7 cannot be sustained. It is accordingly quashed. The respondent- Principal Secretary, Department of Food and Civil Supplies-cum-Consumer Forum, Government of Bihar, is directed to ensure full payment of retiral dues including full pension to the petitioner at the earliest and not later than two months from the date of production of a copy of this order before him. With the aforesaid observation and direction, the writ petition stands allowed. (Navaniti Prasad Singh, J) singh/-