IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5264 of 2002 NAGESHWAR JHA, son of Late Singheshwar Jha resident of village- Monghalia, Parandaha, P.S.-Dhamdha, District-Purnea. Versus 1. THE STATE OF BIHAR through the director of Industries Bihar, Patna. 2. Accountant General, Bihar, Patna. 3. Managing Director, Darbhanga Industrial Development Authority, Darbhanga. 4. Secretary, D.I.D.A., Darbhanga Industrial Development Authority ----------- 13 10.02.2010 Heard Mr. Dhananjay Kumar Pandey learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State, the counsel for the Authority and learned counsel for the Accountant General. The only issue which requires determination is as to whether the petitioner continues to remain in the State Government employment despite his transfer to the Darbhanga Industrial Development Authority, Darbhanga which is now known as Bihar Industrial Area Development Authority or he got absorbed in the services of the authority. Although the contention of the petitioner is that he continued to remain an employee of the State Government even after his transfer to the authority inasmuch as his lien never stood terminated and thus even if he superannuated while serving the authority but he continued to remain an employee of the 2 State of Bihar in its Industry department and thus he is entitled to pension and pensionary benefits as a State Government employee. Learned counsel for the State submits that the services of the petitioner was transferred to the authority in terms of the policy decision of the State with assets and liabilities and thereafter he became an employee of the authority and the retiral benefits were to be paid by the authority and which has since been paid to him. There is no counter affidavit on behalf of the Industrial Area Development Authority in relation to the contentions raised by the petitioner. Having regard to the nature of grievance raised by the petitioner and the accompanying circumstances, this writ petition is disposed of with the liberty to the petitioner to raise his grievance before the Principal Secretary, the Department of Industries, Government of Bihar with supportive documents to establish his claim regarding superannuating as an employee of the Government of Bihar. The claim of the petitioner would be considered by the Principal Secretary and disposed of by a speaking order in accordance with law within a period of three months from the date of filing of such representation. Bibhash (Jyoti Saran, J. )