VIJAY KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Counter affidavit, rejoinder and supplementary affidavit are on record. Heard learned counsel for the petitioner, Mr. Piyush Lall, learned counsel for the Bihar Industrial Area Development Authority and learned counsels for the State and the Accountant General.

(2.) The petitioner has come to this Court primarily with regard to five grievances all related to retiral and post retiral claims. The first grievance of the petitioner is that for the period he rendered service under the State Government, he is entitled to pro-rata pension in a manner similar to a co-employee as per the decision of this Court in the case of Hem Chandra Jha versus the State of Bihar & Ors., being C.W.J.C. No.5570 of 1999 disposed of on 12.04.2001 (part of Annexure-16 series). His second grievance is that for the period he was under Government employment deductions of G.P.F. were made, he is entitled to refund thereof with statutory interest up to date. His third grievance is that he has not been extended the benefit of 6thPay Revision recommendations which were effective from 01.01.1996 and connected therewith is the fourth that his gratuity needs to be revised accordingly. His last and fifth grievance is that certain recoveries have been made from his pensionary benefits much after his superannuation without any proceeding on the ground that his pay fixation upon first and second time bound promotion was wrongly made. Those recoveries are unsustainable at this point of time.

(3.) The facts are not in dispute. The petitioner whose date of birth is 17.11.1944 was selected and appointed as Typist Clerk in the office of Technical Manager of Large Industrial Estate, Muzaffarpur on 21.11.1964. In 1974, the Bihar Industrial Area Development Authority Act, 1974 (hereinafter referred to as the "Act") was enacted by the State Legislature.