IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.6448 of 2003 SURYANATH SINGH Vrs. THE STATE OF BIHAR & ORS **** /6/ 23.07.2008 Heard the counsel for the petitioner and the State. 2. The petitioner has filed this application for sanctioning him pension and gratuity for his qualifying service from 11.03.1965 to 31.01.1998 and also to revise scale in terms of Government’s Resolution, dated 08.02.1999. This is the second round of the petitioner when he has approached this Court for same relief. Earlier petitioner had filed C.W.J.C. No. 1707 of 2003, which was disposed of directing the respondents to take final decision regarding the claim of the petitioner. The claim was rejected without looking into the legal aspect of the matter, as such, petitioner had to come before this Court, again, for similar relief. 3. Admittedly, facts of the case are that the petitioner was appointed on 13.11.1964 initially on the temporary post of Electrician in the office of Community Project Officer, Kishanganj, Purnea, by the Government of Bihar in the Department of Industries and Technology. Thereafter, he served the respondent at many places and services of the petitioner was transferred to the Patna Industrial Area 2 Development Authority, Patna, with effect from 01.04.1978 finally retired on 31.01.1998 as Area In-charge of Industrial Area, Barun, Aurangabad. Petitioner’s case is that by Memo No. 450, dated 02.06.1973, the State Government decided to confirm those Government servants who had rendered continuous service for three years or more than that, but, petitioner’s case was not considered. He made a protest and his case was also considered and finally he was confirmed with effect from 01.04.1975 by order, contained in Memo No. 21087, dated 22.12.1979, by the Director, Industries. Petitioner’s case is that once he has been confirmed on the post as a Government servant with effect from 01.04.1975, he is entitled for all pensionary benefits, such as, provident fund, gratuity, pension for which any Government servant is entitled. It has also been submitted by the petitioner’s counsel that petitioner’s status as Government servant holding substantial post can not be ceased except by process of law enshrined under Article 311 of the Constitution of India. The stand of the respondents that petitioner was paid pension for qualifying service from 11.03.1965 to 15.06.1998, i.e., for the period he has worked in the Government department and, 3 thereafter, he ceased to be a Government servant, can not be used as a trap specially when similarly situated persons have been treated as Government servants for those period also when their services were transferred to Board, Corporation or Patna Industrial Area Development Authority and allowed these benefits. Eerlier, when this matter was taken up for hearing the petitioner had given reference of one Kamal Bansh Narayan Singh, in whose case this Court had also not given direction to make payment of pensionary benefits for entire service period. Being aggrieved with this order Kamal Bansh Narayan Singh had preferred L.P.A. No. 154 of 2004. L.P.A. filed by Kamal Bansh Narayan Sing was allowed observing that the aggregate of the total service will be put together for purposes of collecting pension. Against order passed in L.P.A. No. 154 of 2004 and other similar cases, S.L.P. (Civil) No. 1684 of 2005 and analogous cases were preferred by the State. Present writ application was kept pending awaiting the result of S.L.Ps. preferred by the State in similar matters. 5. Supplementary affidavit has been filed on behalf of the petitioner bringing the order passed by the Supreme 4 Court on record. The Supreme Court has allowed all three appeals (S.L.Ps.) directing the State Government for making payment of pension and other benefits due in accordance with law. Case of this petitioner is completely covered by the case of Kamal Bansh Narayan Singh and others. Counsel for the petitioner has also brought an unreported decision of this Court passed in C.W.J.C. No. 13821 of 2004, dated 07.03.2005, in which also the prayer of the petitioner was similar to the prayer made by the petitioner, in the present case. The Hon’ble Single Judge has directed the respondents to fix pension of the petitioner taking into account the service rendered by him in the Industries Department of the Government of Bihar as well as Patna Industrial Area Development Authority, where he was transferred. The direction is for making payment of all dues within four weeks from the date of service of a copy of the order. 6. The case of this petitioner is being disposed of in terms of the decision of the Apex Court as well as the decision of this Court passed in C.W.J.C. No. 13821 of 2004 considering the fact that the facts are similar and in a similar circumstance the petitioner has moved before this Court for 5 sanctioning of pension and other pensionary benefits as well as revision of his salary. Similar direction is being given to the respondents for making payment of pensionary dues as well as to fix the pension of the petitioner taking into account his service rendered in the Industries Department as well as in the Patna Regional Development Authority and to make payment of his dues within four weeks from the date of receipt/communication of this order. 7. Since the petitioner has moved before this Court for the second time making prayer for quashing the order rejecting his claim by the respondents under Memo No. 1427, dated 07.06.2003, it is also necessary that the impugned order, contained in Memo No. 1427, dated 07.06.2003, issued by the Director, Industries, Government of Bihar, Patna, be quashed and, accordingly, it is quashed. The respondents will also make payment of statutory interest on the pensionary dues for which petitioner is entitled in the eye of law. 8. This application is allowed. Cp:2/S.A. ( Mridula Mishra, J. )