Decided on February 04,2021

Rajiv Nayanam Appellant
STATE OF BIHAR Respondents


MOHIT KUMAR SHAH,J. - (1.) The aforesaid writ petitions have been heard together with the consent of the parties and are being disposed of by the present common judgment in view of the fact that the issues involved in the aforesaid two writ petitions are common. Facts of CWJC No. 5045 of 2017
(2.) The present writ petition has been filed for setting aside the notification dated 22.01.2016 issued by the Road Construction Department, Government of Bihar, Patna under the signature of the Deputy Secretary to the Government, whereby and where-under it has been ordered that the resignation letter submitted by the petitioner be accepted with effect from the date of issuance of the said notification dated 22.01.2016 with the condition that the petitioner shall not be entitled to pension and gratuity, however, he shall be entitled to payment of G.P.F./ Group Insurance as well as 50% of the leave encashment amount. The petitioner has also prayed for directing the respondent- authorities to pay the pension amount and other retiral benefits to which the petitioner is entitled.
(3.) The brief facts of the case are that the petitioner was appointed as Assistant Engineer in the Road Construction Department, Government of Bihar, in the year 1997 and while he was working on the said post, the National Highways Authority of India (hereinafter referred to as NHAI) invited applications from the Officers of the Central/ State Government Department/ Organizations/ Public Sector undertaking for appointment on deputation basis and since the petitioner was fulfilling the eligibility criteria for the post of Manager (Technical), he had made an application for the said post, after obtaining permission from the Government of Bihar, whereafter he was called for interview by the NHAI, scheduled to be held on 05.12.2008. Subsequently, the petitioner was selected and was asked to report on 09.03.2009 and, accordingly, the petitioner was relieved by the Government of Bihar vide notification dated 15.06.2009, issued by the Road Construction Department, Government of Bihar to enable him to join NHAI, where-after he had joined at NHAI on 08.07.2009. Thereafter, the NHAI had issued a circular dated 29.08.2012, inviting applications from the officers of the rank of Manager (Technical) and others, who were on deputation, for the purposes of absorption with NHAI and in pursuance thereof, the petitioner, vide his letter dated 12.09.2012, had requested the Secretary, Road Construction Department, Government of Bihar to grant him no objection certificate for the purposes of his absorption as Manager (Technical) with NHAI, Government of India.;

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