State of Bihar and Others vs Union of India (UOI) and Others

D.N. Patel, J.—The present writ petition has been preferred against an order passed by the Central Administrative Tribunal, Circuit Bench at Ranchi in O.A. No. 339 of 2004 dated 17th May, 2005 whereby, a direction was given to the present Petitioners to pay prorata contribution towards pensionary benefits for the period for which Respondent No. 4 (who is original applicant) served with the State of Bihar, within two months from the date of receipt of the copy of the order.

Counsel appearing for the Petitioners mainly submitted that the original applicant has not served for 15 years which is a minimum prescribed length of service for qualifying for pension and hence, the order passed by the Central Administrative Tribunal deserves to be quashed and set aside. It is also submitted by the counsel for the Petitioners that the Petitioners are not liable to make prorata contribution towards pensionary benefits to the original applicant, who is present Respondent No. 4. Respondent No. 4 i.e. original applicant has served on the post of Curator for the period running from 16th August, 1966 to 31st July, 1971 i.e. for four years, 11 months and 15 days and this is not a period for which Respondent No. 4 is entitled to get pension. Minimum length of service required is 15 years. This aspect of the matter has not been properly appreciated by the Central Administrative Tribunal and hence, the impugned order deserves to be quashed and set aside.

Counsel appearing for the contesting Respondent i.e. Respondent No. 4 (original applicant) submitted that he was appointed as a Curator in the Crafts Museum under the Department of Industries, Government of Bihar on 16th August, 1966, after due process of selection. The original applicant worked as a Curator in the Crafts Museum till 31st July, 1971 and after taking due permission from the Government of Bihar he joined Kendriya Vidyalaya Sangathan (hereinafter referred to as ''KVS'' for the sake of brevity). The original applicant was relieved from the services of the Government through due process and through proper channel and joined KVS w.e.f. 1st August, 1971 as a Teacher. The original applicant initially, joined at districtBokaro, Jharkhand as a Trained Graduate Teacher. Thereafter, he was posted at Port Blair and was promoted to the post of Vice Principal in the year, 1994 and after serving at various places in this country, he retired as Vice Principal on 28th February, 2002 from districtRamgarh. Counsel for the original applicant further submitted that as per Government Rules past services rendered by an employee with the State or Central Government will be counted for the purpose of pensionary benefit, as per Circular of K.V.S. No. F.93/992000/KVS/Audit dated 17.11.1999. The Circular was issued in consonance with the DOPT instructions in the matter and therefore, the services rendered by the original applicant from 16th August, 1966 to 31st July, 1971 have to be counted for the purpose of pensionary benefit. The KVS has accepted this fact as per rules. However, the State of Bihar has not made prorata contribution to them for the period of services rendered by the original applicant with the Bihar Government. It is further submitted by counsel for the original applicant that as per Circular issued by the Government of India, Department of Pen. & Pen. Welfare, the original applicant is entitled to prorata contribution of the pension from the State of Bihar and it is an obligation upon the State of Bihar to make such prorata contribution towards pension for the period for which the original applicant rendered his services with the State of Bihar and this aspect of the matter has been correctly appreciated by the Central Administrative Tribunal and hence, the petition deserves to be dismissed.

Having heard counsel for both the sides and looking to facts and circumstances of the case, it appears that:

(i) the original applicant, who is present Respondent No. 4, was appointed as a Curator in the Crafts Museum under the Department of Industries, Government of Bihar on 16th August, 1966 after following due process of selection.

(ii) the original applicant worked as Curator in the Crafts Museum till 31st July, 1971.

(iii) after taking due permission from the Government of Bihar, the original applicant joined the services of Kendriya Vidyalaya Sangathan (hereinafter referred to as ''KVS'' for the sake of brevity).

(iv) the original applicant was relieved from services of the Government through due process and through proper channel and joined the services of KVS w.e.f. 1st August, 1971 as a Teacher. The original applicant initially, served at districtBokaro. Thereafter, he was posted at Port Blair and he was promoted as Vice Principal in 1994 and retired from KVS, Ramgarh in October, 2002.

(v) as per Circular No. F.93/992000/KVS/Audit dated 17.11.1999, past services rendered by an employee with State or Central Government will be counted for the purpose of pensionary benefits. This Circular was issued in consonance with the DOPT instructions and therefore, this Circular and other DOPT''s instructions are applicable in the case of the original applicant.

(vi) therefore, the services rendered by the original applicant from 16th August, 1966 to 31st July, 1971 is to be counted towards pensionary benefits. The KVS has accepted this fact as per rules and looking to the detailed correspondence between KVS and State of Bihar, it appears that KVS is insisting that Bihar Government should make prorata contribution to them for the period of services rendered by the original applicant with Bihar Government. (vii) from the various annexures annexed with the O.A. as well as in this writ petition that initially, the State of Bihar had not given any reply and therefore, the original applicant preferred W.P.(S) No. 6416 of 2002 in which a direction was given to the State of Bihar vide order dated 7th January, 2004 that all the relevant records will be perused by the concerned officer and will take a final decision. Thus, the State of Bihar was directed to take a decision within a period of eight weeks from the date of receipt of a copy of the order dated 7th January, 2004. After this order, the State of Bihar decided that they are not going to make any contribution towards the pensionary benefits of the original applicant because he has not completed 15 years of service with the State of Bihar which is a minimum requirement. This contention has rightly been brushed aside by the Central Administrative Tribunal by the impugned order. Looking to the Circular which is referred to in the order in paragraph No. 5 of the impugned order as well as looking to the Circular bearing O.M. No. 28 (10)/84P. & P.W./Vol.II, dated 7th February, 1986, 17th June, 1986, 30th October, 1986 and 20th March, 1987 etc., which is made for transfer of Personnel between Central Government /Autonomous Bodies and State Governments/Autonomous Bodies and vice versa. Moreover, in the facts of the present case, the original applicant is not claiming full pension from the State of Bihar, but, he is claiming only prorata contribution. 15 years service which is minimum requirement as per Bihar Government Rules is applicable only when an employee has served only with the State of Bihar and is claiming full pension from the State of Bihar. In the facts of the present case, the original applicant, who has served as a Curator in the Crafts Museum under the Department of Industries, Government of Bihar from 16th August, 1966 to 31st July, 1971 and with the permission of the Government of Bihar, he joined as a Teacher in KVS and therefore, he is claiming prorata contribution and therefore, the contention of the Petitioners that minimum service required is 15 years for getting pension is not accepted by this Court, looking to the facts of the present case.

(vii) Circular No. 28(10)/84P.& P.W./Vol.II, dated 7th February, 1986, 17th June, 1986, 30th October, 1986 and 20th March, 1987 etc., is as under:

In August, 1984, Central Government had issued orders that where a Central Government employee borne on pensionable establishment is allowed to be absorbed in a Central Autonomous Body having a pension scheme of its own, the service rendered by him under the Government shall be allowed to be counted towards pension under the Autonomous Body irrespective of whether the employee was temporary or permanent in Government, subject to certain conditions. The same procedure will apply in the case of employees of the Autonomous Bodies who are permanently absorbed under the Central Government. Certain employees of the State Governments and State Autonomous Bodies who joined the Central Autonomous Bodies/Statutory Bodies, have also represented that their service under the State Government/State Autonomous Body may be allowed to be counted towards pension under Central Autonomous Body where they are presently working. Similarly, certain Central Government servants and employees of the Central Autonomous Bodies/Statutory Bodies might have joined Autonomous Bodies/Statutory Bodies (excluding public undertakings) of the State Governments and may be desirous of getting the benefit of counting of service under Central Government/Autonomous Bodies towards pension in the organizations where they are presently working.

In the circumstances explained above, it was felt that reciprocal arrangements may be entered into with the various State Governments to the effect that where employees of the State Governments/State Autonomous Bodies/State Statutory Bodies, have been absorbed in the Central Autonomous Bodies, they may be allowed the same benefits as have been extended to the Central Government servants and vive versa.

The question of extension of various benefits like counting of service, etc., in the cases of (i) employees of the Central Government absorbed in State Autonomous Bodies, and (ii) employees of Central Autonomous Bodies absorbed in State Governments and State Autonomous Bodies, and vice versa, has been considered in consultation with the State Governments. After careful consideration, the President has now been pleased to decide that these cases may be decided in accordance with the principles as laid down in the Department of Personnel and Administrative Reforms, O.M. No. 28/10/84 Pension Unit, dated 2981984 [vide Order 6 (i) above]. The cases of Central Government servants appointed in State Governments and vive versa will continue to be decided as hitherto.

Similar orders regarding counting of service of the Central Government employees in the event of their absorption in the State Autonomous Bodies and employees of the Central Autonomous Bodies in the State Governments, and State Autonomous Bodies, as well as orders regarding acceptance of pension liability, etc., in respect of State Government and State Autonomous Bodies'' employees absorbed in Central Autonomous Bodies and employees of State Autonomous Bodies absorbed in Central Government will be issued by the respective State Governments.

These orders shall apply to employees of the State Governments and State Autonomous Bodies moving to Central Government, Central Government Autonomous Bodies in respect of the State Governments listed below

__________________________________________________________________________ State Date from which applicable. __________________________________________________________________________ Karnataka Madhya Pradesh Punjab 721986 Rajasthan Sikkim Tripura West Bengal Uttar Pradesh Bihar Gujarat 721986 Assam Meghalaya Himachal Pradesh Andhra Pradesh 1761986 Kerala 30101986 Jammu and Kashmir 2031987 Mizoram 731988 Tamil Nadu 841988 Goa 2751988 Arunchal Pradesh 2751988 Nagaland 791988 Manipur 2091988 Haryana 2071989 Orissa 1421990 * Maharashtra 1371992 _________________________________________________________________________

These orders shall be extended to the employees of other State Governments as and when they agree to similar reciprocal arrangements.

These orders will apply to the employees of the Central Government moving to State Autonomous Bodies and employees of Central Autonomous Bodies to the State Governments and their Autonomous Bodies mentioned in Para. 5 above and vice versa who are in service on the date of issue of these orders, irrespective of the date of their absorption.

In view of the aforesaid facts, reasons and Government Circulars, there is no substance in this writ petition. Hence, the same is hereby, dismissed.