Jharkhand High Court
Dharam Deo Narayan Singh vs State Of Jharkhand & Ors on 18 February, 2013
Author: Jaya Roy
Bench: Chief Justice, Jaya Roy
-1- L.P.A. No. 257 of 2003
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A No. 257 of 2003
Dharam Deo Narayan Singh Appellant
Vs.
1.The State of Jharkhand
2.The State of Bihar
3.The Principal, Regional Institute of Technology,
Jamshedpur (Now Regional Institute of Technology)
4.The Accountant General... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MRS. JUSTICE JAYA ROY
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For the Appellant : Mr. Naresh Prasad Singh &
Arvind Kumar Singh, Advocates
For the NIT : Mr. Manish Mishra, Adv
For the State of Jhar. : Mr. Vishal Kr. Trivedi, J.C to SC III
For the State of Bihar: Mr. Rajneesh Vardhan, J.C to G.A.
For the A.G : Mr. S. Srivastava
------ Dated 18th February, 2013
Heard learned counsel for the parties.
2. The appellant is aggrieved against the part refusal of relief in his writ petition being W.P.(S) No. 3170 of 2002 and thereby denial of counting of his past service rendered in two institutions; Deep Narayan Singh Regional Institute of Co-operative Management, Patna as a librarian and in Bokaro Steel Plant of Steel Authority of India Limited ( in short "SAIL").
3. The appellant's contention is that he served Deep Narayan Singh Regional Institute of Co-operative Management, Patna from 1965 to 1973 and thereafter he served Bokaro Steel Plant of Steel Authority of India Limited ( in short "SAIL") from 1973 to 1976 and -2- L.P.A. No. 257 of 2003 thereafter finally he served Regional Institute of Technology, Jamshedpur from 1976 to 2000 till he attained the age of superannuation. The Regional Institute of Technology, Jamshedpur is now known as National Institute of Technology (in short "NIT"). The Deep Narayan Singh Regional Institute of Co-operative Management, Patna is an institute run by Co-operative Society as well as it is funded by Government of Bihar. The Bokaro Steel Plant of SAIL is funded by Central Government whereas the Regional Institute of Technology, Jamshedpur was funded by State Government and Central Government in equal share. However, after creation of State of Jharkhand, now the Regional Institute of Technology, Jamshedpur is known as National Institute of Technology, Jamshedpur. Appellant's further contention is that appellant became eligible for the pensionary benefit in view of the Bihar Government's Resolution dated 6th September, 1999, copy of which has been placed on record as Annexure-5. By this Government resolution dated 6th September, 1999 (Annexure-5), the employees of the Regional Institute of Technology, Jamshedpur were made eligible for the "Triple Benefit Scheme" i.e. of Pension, Gratuity and General Provident Fund at par with the employees of the State Government. So far as appellant's entitlement to the pensionary benefit at par with the State Government employees for the period for which he served -3- L.P.A. No. 257 of 2003 in Regional Institute of Technology, Jamshedpur is concerned, there is no dispute. The appellant's grievance in the writ petition was in two fold; one he was entitled to the pensionary benefit by counting his service up-to the age of 60 years, which is the date of superannuation and petitioner served up-to that age in the Regional Institute of Technology, Jamshedpur. But the respondent allowed pensionary benefit by counting the service to the age of 58 years. However, learned Single Judge by impugned order dated 26th March, 2003 set aside the Government's decision to allow appellant's pensionary benefit for the period up-to the age of 58 years and the respondents were directed to grant the pensionary benefit to the petitioner by counting his service up-to the age of 60 years i.e., the age of superannuation on which date the petitioner superannuated.
4. Appellant's second prayer was with respect to counting of service rendered by the appellant in Deep Narayan Singh Regional Institute of Co-operative Management, Patna and Bokaro Steel Plant of SAIL. The appellant's said prayer was rejected by learned Single Judge for want of sufficient pleadings as well as unavailability of materials on record. The appellant being aggrieved against the judgment of the learned Single Judge dated 26th March, 2003 preferred this L.P.A. being L.P.A. No. 257 of 2003. The appellant's L.P.A was -4- L.P.A. No. 257 of 2003 dismissed by the Division Bench of this Court vide a brief order dated 10th August, 2004. The appellant then preferred a review petition being Civil Review No. 100 of 2004, which was also dismissed by this Court vide order dated 6th December, 2005. Aggrieved against the order passed in Civil Review No. 100 of 2004, the appellant preferred a S.L.P.(C) No. 21497 of 2006, which was allowed by the Hon'ble Supreme Court and was consequently converted into Civil Appeal No. 2630 of 2009. Vide order dated 17th March, 2009, the Hon'ble Supreme Court after considering the circular and instruction issued by the Government of India, Ministry of Human Resources Development, Department of Education, New Delhi and other documents, found that the above documents were relevant material for the purpose of deciding the review petition and, therefore, after setting aside the order referred above, remanded the matter to this Court for deciding the review application afresh. The appellant's Review Petition No. 100 of 2004 was allowed by this Court vide order dated 11th February, 2013. Hence, this L.P.A has come up for consideration before us.
5. Learned counsel for the appellant submitted that in fact the appellant's matter for consideration has also been recommended by the State Government vide Annexure-7 dated 21st August, 2001, which is a letter sent by the State Government to the Principal of the Regional -5- L.P.A. No. 257 of 2003 Institute of Technology, Jamshedpur wherein it has been conveyed that if the appellant fulfills the criteria mentioned in the letter dated 11.6.2001, then in that situation, the Regional Institute of Technology, Jamshedpur is the competent authority who can take a decision with respect to the appellant's claim for counting of the past service rendered by him in erstwhile two organizations. Appellant's contention is that no decision has been taken by the Regional Institute of Technology, Jamshedpur and, therefore, the learned Single Judge has committed error of law by rejecting the appellant's said prayer of consideration of appellant's case in view of the direction given by the State Government vide letter dated 21st August, 2001.
6. On merits of claim of the appellant, learned counsel for the appellant submitted that appellant was employee of Deep Narayan Singh Regional Institute of Co- operative Management, Patna and he applied for appointment in Bokaro Steel Plant, which is a corporation under Government of India under SAIL and then he applied through proper channel for the appointment in Regional Institute of Technology, Jamshedpur. There was no break in service of the appellant in the two erstwhile organizations and, therefore, the appellant was eligible for the pensionary benefit and according to the information of the appellant, the appellant was eligible for pension in -6- L.P.A. No. 257 of 2003 earlier two organizations also and his contribution amount of provident fund was sent to the Regional Institute of Technology, Jamshedpur. It is also submitted that these facts can be verified by the Regional Institute of Technology, Jamshedpur (now "NIT") and appellant since was duly selected and appointed in the organizations, which were substantially or wholly funded by the State Government or by the Central Government and appellant has already been found eligible for pension then the question of counting of past service of the appellant rendered in two organization is the only issue which is required to be considered by the Regional Institute of Technology, Jamshedpur (now "NIT") in the light of the policy decision of the State Government.
7. Learned counsel for the Accountant General, respondent no. 4, submitted that as per the information available with the department, the organizations, in which, the petitioner was rendering service i.e., the Deep Narayan Regional Institute of Co-operative Management, Patna and Bokaro Steel Plant of SAIL, he was covered under pension scheme of these organizations.
8. Learned counsel for the National Institute of Technology, Jamshedpur submitted that there is no objection in considering the appellant's case if it has not been considered and, therefore, the matter can be disposed of with a direction to the NIT, Jamshedpur to decide the -7- L.P.A. No. 257 of 2003 appellant's claim for counting of the past service rendered in Deep Narayan Regional Institute of Co-operative Management, Patna and Bokaro Steel Plant of SAIL for the purpose of calculation of pension and gratuity benefits.
9. We have considered the submission of learned counsel for the parties. It appears that in the present matter, there is no controversy that the Regional Institute of Technology (Now "NIT") in the light of the State Government's commutation dated 21st August, 2001 was obliged to decide the claim of the appellant as per policy decision and rules of the pensionary benefits to the employees of the Regional Institute of Technology (Now "NIT") particularly who rendered service in other organization and also in the light of the stand of the Accountant General (respondent no. 4) that the appellant was rendering a pensionable service in two erstwhile organizations.
10. In view of above reasons, this L.P.A is allowed and so far as denial of the appellant's claim for counting of past service rendered by the appellant in two organizations; Deep Narayan Singh Regional Institute of Co-operative Management, Patna and Bokaro Steel Plant of Steel Authority of India Limited, for the purpose of deciding pensionary benefit is set aside and the writ petition for that relief is also allowed.
11. The National Institute of Technology, -8- L.P.A. No. 257 of 2003 Jamshedpur is directed to consider the claim of the writ- petitioner/appellant by taking into account all the relevant facts, for the purpose of deciding the appellant's claim for retirement benefits and decide whether appellant is entitled to pensionary benefits after counting his past service rendered in two organizations referred above. The exercise be done within a period of three months from the date of receipt of copy of this order. The decision taken by the NIT, Jamshedpur be communicated to the appellant expeditiously after taking decision and if the appellant is granted any relief of pensionary benefit, same shall be granted to the petitioner within a period of two months after taking decision of the authority.
With the above observations and direction, this L.P.A is allowed.
(Prakash Tatia, C J) (Jaya Roy, J) Alankar/-