IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11264 of 2002 SHEO NATH SINGH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : M/s A.B. Ojha and Ramadhar Tiwari, Advocates. For the State : Mr. Braj Kishor Prasad Sinha, G.P. III Smt. Sunita Kumari, J.C. to G.P. III 06/ 04.07.2008 Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner’s claim is that he was first appointed in the State Government on 07.11.1958 whereafter on 22.01.1962 he was sent to Bihar State Small Industries Corporation Limited and thereafter by order dated 13.11.1964 the petitioner was temporarily appointed as an electrician by the authorities concerned in the Industries Department, where he regularly worked. Subsequently, on 15.06.1978 the petitioner was transferred to Darbhanga Industrial Area Development Authority while the petitioner was in temporary service. However, immediately thereafter by order dated 29.11.1978(Annexure 2/A of the Supplementary Affidavit) the State Government confirmed the services of the petitioner along with several other similarly situated employees including Kamal Bansh Narayan Singh. The said order dated 29.11.1978 was subsequently rescinded by the said authorties vide order dated 05.04.1991 on the ground that the said employee including the petitioner were prior to 29.11.1978 sent to the various Industrial Area Development Authority. 3. It transpires that one of such employees challenged the said order dated 05.04.1991 in this Hon’ble Court vide C.W.J.C. No. 841 of 2 1991 and this Hon’ble Court allowed the contentions of the writ petition vide order dated 04.03.1993 whereafter the states authorities by order dated 16.07.1993(Annexure 2/A of the writ petition)recalled order dated 05.04.1991 in view of the aforesaid order of the High Court. Hence, the service of the petitioner stood confirmed from prior to his transfer to the Industrial Area Development Authority. 4. Subsequently on 28.02.1998 petitioner retired from Darbhanga Industrial Area Development Authority, whereafter the authorities of the state government passed order dated 13.11.2002(Annexure-B to the counter affidavit filed on behalf of respondent nos.1 and 3) in which the entire detail was given and pension of the petitioner was approved for the period he worked in the State Government. A decision of this Court passed in C.W.J.C. No. 5075 of 1998 was relied upon by the authority concerned in its said order, in which it was held that if an employee is sent on lien by the State to any other body, he will be treated as government employee. Informations about the same were also sent to all the District Area Development Authorities by the State Government vide letter nos. 2849 and 2958 dated 27.11.2002 and 12.12.2002(Annexure-C series to the counter affidavit filed on behalf of respondent nos. 1 and 3). 5. Furthermore, in paragraph-9 of the said counter affidavit filed by the respondents concerned, it was specifically stated that only matters of proportionate pension for the period of service rendered by the petitioner in government is considerable by the State Authorities. Hence, the matter of pension of the petitioner was forwarded to the 3 Department of Finance for concurrence whereafter the Finance Department concurred to sanction proportionate pension of the petitioner for the period of service rendered in the Government and accordingly, proportionate pension for the government service of the petitioner was sanctioned and sent to the Accountant General, Bihar vide Letter No. 2716 dated 13.11.2002 for issuing authority slip. 6. Thus the only claim of the petitioner, which remains is regarding his entitlement for pension after calculating the period during which he was in the services of Darbhanga Industrial Area Development Authority. In this connection, he submits that exactly similarly situated employee, namely, Kamlesh Bansh Narayan Singh filed C.W.J.C. No. 470 of 2001 for the said relief and the said writ petition was disposed of on 12.01.2001 with a direction to the petitioner to file fresh representation in the matter before the Director of Industries Bihar, Patna along with a copy of this order, who will dispose of in accordance with law expeditiously preferably within a period of two months and all lawful dues of the petitioner should be paid to him within one month thereafter. The said order of the Hon’ble Single Judge was challenged by the said Kamal Bansh Narayan singh in L.P.A. No. 154 of 2004 which was allowed by a Division Bench of this Court on 12.02.2004. The State of Bihar challenged the said order of the Division Bench in Civil Appeal No. 1684 of 2005 which was dismissed by the Hon’ble Supreme Court vide order dated 03.08.2007 after finding no reason to interfere with the order of the Division Bench and directing the State Government to pay the pension and other 4 benefits which are due to the said employee in accordance with law within a period of six months from that date along with arrears of pension. 7. The aforesaid Division Bench of this court has considered the matter in detail and has passed the following order: “This is hardly a matter which should become a subject matter of an appeal for a person who is looking for his pension when the only issue is that his pension be paid for the public service which he has discharged. There is no issue that this appellant has discharged public service in two departments or two organizations; one department and one statutory corporation. The law sufficiently provides for this that the aggregate of the total public service will be put together for the purpose of collecting pension. This is entirely for the respondents to find out where the law lies. The government be cautioned that these petty matters are becoming cases and it does not reflect appropriately on the government that the petitioner-appellant should be made to run around in circles when this matter should have been sorted out within the government itself.” 8. Since this matter is exactly the same as was the matter before the aforesaid Division Bench , this writ petition is also allowed in terms of the said order of the division bench of this Court read with the order passed by the Hon’ble Apex Court detailed above. harish/ (S.N.Hussain, J.)