IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15089 of 2005 SHYAMDEO NARAIN SRIVASTAVA, SON OF LATE DAYA SHANKER PRASAD, RESIDENT OF MOHALLAH-PATLIPUTRA, P.S. PATLIPUTRA, DISTRICT-PATNA………PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE AGRICULTURE PRODUCTION COMMISSIONER, AGRICULTURE DEPARTMENT GOVERNMENT OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT BUILDING, PATNA. 4. THE DIRECTOR, AGRICULTURE DEPARTMENT BIHAR, PATNA. 5. THE SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA. 6. . THE PRINCIPAL-CUM-OFFICE INCHARGE, TIRHUT AGRICULTURE COLLEGE, MUZAFFARPUR. 7. . THE ACCOUNTANT GENERAL, BIHAR,PATNA ……RESPONDENTS. Advocate for the petitioner :- Mr. Alok Anand, Adocate Mr. Vijay Kr.Srivastava,Advocate Advocate for State :- Mr. Kumar Alok, S.C.19 Mr. R. K. Singh, J.C.to S.C.19 Mr. S. Pd., Mr.R.Kr. and Mr.H Jha Advocate for A.G. :- Mr. L.P.K. Rajgrihar. ----------- 4. 20.11.08. The petitioner is seeking quashing of letter dated 9.8.03 contained in Annexure-9 by virtue of which his claim for pro-rata pension for the period he had served under the State Government has been rejected by the concerned authority. The facts are that on 11.5. 62, the petitioner was appointed as a Agriculture Inspector. He worked in various capacity under the Department including the posts on which he was transferred. Subsequently, in the year 1973, on opening available with the State Bank of India, the petitioner was 2 allowed vide order dated 13.7.73 to go on deputation with a condition that he shall have no right of lien on the post in the Agriculture Department, Annexure-6 is the order which has brought as evidence in this regard. The State Bank of India looking at service and performance of the petitioner decided to absorb him on the post of Technical Officer with effect from 20.12.1976. The petitioner superannuated from State Bank of India’s service on 31. 1. 2001. He has no dispute with the State Bank because he has been paid whatever he is entitled to according to the service condition of the Bank. The present litigation or dispute has been raised because when the petitioner asserted his right for pro-rata pension for the period he had worked under the State of Bihar which is about fourteen years six months and twenty-eight days, not only a question mark on the claim was raised but subsequently the claim itself was rejected in terms of Annexure-9. Based on communication made by the petitioner the concerned authority created a doubt if not confirmed the position that petitioner was a temporary employee. As a temporary employee, he has to have fifteen years of service before he became entitled for any pro rata pension. Since the length of service was less than fifteen years claim was refused. Learned counsel for the petitioner submits that there is deliberate mischief or a serious confusion on the issue which has put the petitioner in the present predicament. He has brought Xerox Copy of Service Book on record as Annexure-2. Submission is that the petitioner entered in service of the State Government on a substantive basis and there is an endorsement in this regard made by the competent authority. Perusal of the entire Service book would 3 show that the petitioner was not a temporary employee as has been sought to be made out by the concerned authority. The petitioner was a permanent employee and even ten years of service was more than enough to be get him pro-rata pension, though it is another issue that subsequently by an amendment made in the year 1980, difference in the length of service for both permanent and temporary stood reduced to ten years as would be evident from the Resolution of the Finance Department No. 3014, dated 31. 7. 1980. It has been brought on record as Annexure-7 to the writ application. Prima facie there is evidence that the appointment of the petitioner was on a substantive capacity and therefore, the matter requires re- consideration. The impugned order Annexure-9 is hereby quashed. The writ application is allowed with a direction to the Agriculture Production Commissioner, Agriculture Department, Government of Bihar that he shall get the original Service Book verified and then communicate his position with regard to pro-rata pension of the petitioner to the Accountant General, Bihar. The exercise in question must be completed within a period of three months from the date of communication or production of a copy of this order. The writ application is allowed. m.p. (Ajay Kumar Tripathi, J.)