SHYAM JEE TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner Shyam Jee Tiwari has prayed for a direction to the respondents to pay the pensionary benefits, legally payable to him including accumulated sixteen months dearness allowance, arrear pay for March ' 93, arrears of regional allowance and medical allowance as per replacement pay scale.

(2.) THE case of the petitioner in short, is that the petitioner was initially appointed as Assistant in the Political (Transport) Department of Government of Bihar on 20.1.1956. After the establishment of the Bihar State Road Transport Corporation (hereinafter referred to as Corporation) the services of the employees of the Transport Department were transferred and placed at the disposal of the Corporation. The petitioner is one of such employees who was also transferred to the Corporation where from he retired as conductor on 31.3.1993.

(3.) FROM perusal of the order of the Government as contained in Annexure -10 no doubt the Government has taken a decision that the employee who has been transferred from the Transport Department to the Corporation will be deemed to be Government servant and entitled to all the benefits available to such Government servants including pension, gratuity etc.