- (1.) Petitioner under Article 226 of the Constitution of India has prayed for issuance of writ of mandamus for following reliefs:-- (I) Direction to the respondents to pay gratuity on the revised pay scale on the basis of 6th Pay Commission; (II) Direction to the respondents for fixation of pension as well as arrears of full pension; (III) Direction to the respondents to pay the GPF amount on the revised pay scale on the basis of 6th Pay Commission; (IV) Direction to the respondents for payment of leave encashment amount on the revised pay scale on the basis of 6th Pay Commission; (V) Direction to the respondents to pay the statutory interest as well as panel interest till the payment is made; (VI) Any other relief or reliefs to which the petitioner is entitled. Petitioner was appointed on 4.6.1975 in the Bihar State Agro Industries Development Corporation Limited and discharged his duty in the above stated Corporation up to 13.9.1998. An advertisement was made by Bihar Rajya Awar Seva Chayan Parishad, Patna for appointment of Assistants in the Secretariat and the petitioner applied for the post. His application was duly recommended and forwarded by the Bihar State Agro Industries Development Corporation Limited through letter No. 3628 dated 25.9.1985. Petitioner got selected in the aforesaid examination and he was directed to get scrutinize his certificate on 19/20.12.1995 and accordingly, petitioner appeared and got his educational certificates verified but due to pendency of lis up to Hon'ble Apex Court, appointment process was kept in abeyance and subsequently, Personal and Administrative Reforms Department issued office order No. 710 dated 7.12.1995 directing the petitioner and others successful candidates to join their respective places of posting by 30.12.1995. Petitioner was directed to join in the Revenue Board, Patna. Unfortunately, the aforesaid letter was not made available to the employer of the petitioner and thereafter, petitioner made representation to concerned authority but no appointment letter was issued to the petitioner and after great persuasion and efforts, Deputy Secretary, Personnel and Administrative Reforms Department, Bihar, Patna issued office order dated 13.5.1998 directing the petitioner to join his duty by 30.5.1998 on the post of Assistant in the Revenue Board, Patna and lastly, appointment letter of the petitioner was made available to Bihar State Agro Industries Development Corporation Limited requesting the Corporation to relieve the petitioner by 15.9.1998 and thereafter petitioner was relieved from Bihar State Agro Industries Development Corporation Limited and Bihar State Minorities Financial Corporation, Bihar, Patna on 14.9.1998 and on the same day, he joined his duty in the Revenue Board, Patna. The joining of the petitioner was accepted on 14.9.1998. Petitioner started working in the concerned department but his service was not confirmed/regularized and then he filed CWJC No. 8571/2008 which is pending in this court.
(2.) After the cadre division, the service of the petitioner was allocated to the Jharkhand State where the petitioner joined and discharged his duty but soon after the petitioner returned to Government of Bihar and joined the duty in General and Administration Department,, Government of Bihar, Patna. The service book and other relevant documents of the petitioner were not sent to the General and Administration Department, Government of Bihar, Patna by State of Jharkhand and lastly, the service book and other relevant documents were sent by State of Jharkhand to concerned department after superannuation of the petitioner. Petitioner superannuated from service on 30.6.2012. Petitioner submitted his pension paper to Deputy Secretary (Establishment), General and Administration Department, Government of Bihar, Patna who sent letter to Accountant General, Bihar, Patna fixing a sum of Rs. 7,713/- towards provisional pension and a sum of Rs. 4,02,152/- was also approved. The Deputy Secretary (Establishment), General and Administration Department, Government of Bihar, Patna sent letter to Director, Provident Fund, Patna for issuance of authority slip for payment of amount of general provident fund but the same was not paid to the petitioner. Petitioner made several representations but of no avail and lastly, he filed this writ petition.
(3.) A separate counter affidavit has been filed on behalf of the respondent No. 6. It has been stated in the aforesaid counter affidavit that the petitioner joined Rural Development Department, Government of Jharkhand, Ranchi on 6.9.2008 but service book of the petitioner was made available to the above stated department on 29.12.2008 and after receipt of the service book, the pay fixation of the petitioner in terms of 6th pay revision was done vide office order No. 40 dated 13.3.2009 and the same was sent to the Finance Department, Government of Jharkhand, Ranchi for verification. During the pay verification of the petitioner by the Finance Department, Government of Jharkhand, Ranchi, it was detected that earlier pay fixation of the petitioner with effect from 1.4.1981, 1.1.1986 and 1.1.1996 were not verified by the State of Bihar and thus, service book was sent to the Revenue Board, Patna for taking appropriate action but in spite of issuance of several reminders, petitioner's service book was not made available to Jharkhand State. Respondent No. 6 has also pleaded that the petitioner's contribution towards group insurance scheme for the period 1.8.2008 to December, 2010 has already been made available to General and Administration Department, Bihar, Patna.;