Narendra Nath Tiwari, J. - (1.) THE petitioner, in this writ petition, has prayed for a direction on the respondents to pay the full pension and arrears thereof payable to him after his retirement.
(2.) IT has been stated that the petitioner retired from the post of peon from the office of the District Manager. Bihar State Food and Civil Supply Corporation, hereinafter referred to as 'BSFC') Plamau on 29 February, 2000. The petitioner was initially appointed on the post of peon in the office of the Sub -Divisional Officer, Garhwa. In the year 1967. he was transferred to the office of the Block Development Officer, Majhiaor Thereafter, he was posted in the office of the District Manager, BSFC, Plamau. Daltonganj on 12 July, 1973 and since then he was working in the said office. The petitioner, after his retirement, was entitled to get his full pen -ion. Bui arbitrarily a consolidated pension of Rs. 40/ - per month only has been fixed and is being paid to the petitioner. No reason has been disclosed for such discriminatory treatment to him. The petitioner made several requests and tiled representations, but to no effect. Hence, the petitioner has preferred this writ petition. Counter affidavits have been filed on behalf of the State respondents as well as on behalf of the Accountant General. On behalf of the State respondents, it has been stated that the petitioner's services were transferred to the Bihar State Food and Civil Supplies Corporation. After his posting in BSFC. he ceased to be government servant. The petitioner was being given pension because he was in the services of the State Government for the period from 1st October, 1961 to 12 July. 1973. His services were transferred by Letter No. 612 dated 12 July, 1973. If has been stated that after transfer of the petitioner in the services of the State Food Corporation, he was not entitled to get pension from the State Government, as the services of BSFC is non -pensionable.
(3.) PETITIONER 's case was referred to the Accountant General (Pension Cell) for fixation of his pension for the period he had worked in the Government i.e. from 1st October, 1961 to 12 July, 1973 and the Accountant General, Bihar fixed the pension of the petitioner at Rs. 40/ - per month payable from 10 July, 1973. It has, however, been stated in Paragraphs 20 and 21 of the counter affidavit that the petitioner's pension should be consolidated at Rs. 1,275/ - per month with effect from 1st April, 1997 as per the Finance Department's Resolution dated 22nd December, 1999.;