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Service rendred in NGO cannot be counted in State Service

Raj Kumar Makkad ,
  24 September 2010       Share Bookmark

Court :
Patna High Court
Brief :
Pensionary Benefits - Grant thereof - Appeal on ground that appointment was by way of adjustment on adhoc basis for six months in anticipation of approval from the Bihar Public Service Commission - Further the notification clarified that his earlier service was non-governmental service - Whether there was any policy decision by the State Government to take over the RIP where the Petitioner was working along with the posts and employees/officials or not and whether the appointment of the Writ Petitioner in Government service was the result of absorption on account of such take over or a mere appointment by way of adjustment on account of abolition of the RIP?
Citation :
The State Of Bihar through the Industrial Development Commissioner-cum-Secretary, Department of Industry, Bihar, Patna v. Narain Dutta Pandey (Decided on 15.09.2010)

Held, there is no material to show that the State Government took a policy decision to take over the RIP along with posts and its officials so as to make them Government servants since their appointment in RIP. The materials available, to the contrary, show that the Writ Petitioner was asked to hand over charge under the RIP and was appointed in the District Industry Centre under the State Government afresh and not on account of absorption. There is no policy decision of the State Government or any provision in the relevant rules under Bihar Pension Rules requiring counting of past services of the Writ Petitioner under the RIP, which was a Non Government organization as pension able service under the State of Bihar. Service rendered by writ petitioner under a non-governmental organization cannot be counted towards pension able service under the State. Appeal is allowed and the writ petition dismissed.

 
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Published in Labour & Service Law
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