Rajesh Kumar Verma, J. – Heard Mr. Siya Ram Shahi, learned counsel for the petitioner, Mr. Y. V. Giri, learned senior counsel for the respondent-National Institute of Technology assisted by Mr. S.K. Giri and Mr. Sujeet Kumar Sinha, learned Central Government Counsel for the Union of India.

2. The present writ petition has been filed for quashing the letter no. NITP/1653/14 dated 27.06.2014 (Annexure-12) issued by the respondent no.3 whereby the representation dated 31.03.2014 filed by the petitioner in the light of the order dated 12.03.2014 passed in C.W.J.C. No. 24092 of 2013 has been rejected. Learned counsel for the petitioner further prays for issuance of the appropriate direction upon the respondent to put the petitioner in the pensionable service as petitioner is not a new appointee in the service of National Institute of Technology (hereinafter referred to N.I.T.) Patna rather his service has been observed in the N.I.T. w.e.f. 28.01.2004. Learned counsel for the petitioner submits that pursuant to an advertisement issued by the Coordinator, Transportation Engineering, B.C.E. Patna on 21.01.1987, the petitioner was initially appointed as Technical Assistant on 05.03.1987 by the Co-ordinator, Transportation Engineering Section, Department of Civil Engineering in the erstwhile Bihar College of Engineering, Patna on the consolidated pay of Rs.600 per month and petitioner has given joining on 12.03.1987. The matter with regard to regularization of the service of the petitioner was pending before the Patna University. The Government of India issued a notification dated 28.01.2004 then Bihar College of Engineering converted into National Institute of Technology, Patna.

3. Learned counsel for the petitioner further submits that prior to the conversion of the Bihar College of Engineering, Patna into National Institute of Technology Patna, the petitioner and 16 others similarly situated persons have filed CWJC No. 12364 of 2001 before this Hon’ble Court for regularization of their services. The aforesaid writ petition was allowed on 18.04.2008 with certain directions to the respondent- NIT Patna to consider the case of the petitioners for regularization.

4. Learned counsel for the petitioner submits that on 15.05.2008 11th meeting of the Board of Governors of N.I.T., Patna was held at Delhi and directed the Registrar, N.I.T. to consider regularization of service of 11 persons named in this case against vacant posts in the institute as per the qualification and board as also advised the N.I.T. Patna to implement the order as per its provisions.

5. Learned counsel for the petitioner further submits that the service of the petitioner was regularized as Laboratory Assistant, Department of Physics vide office Letter No. NITP/214/09 dated 21.12.2009 issued under the signature of the respondent no.4 and subsequently vide Letter No. NITP/237/10 dated 11.01.2010 the pay scale of the petitioner has been fixed in the revised pay structure (6th CPC) of Pay Band-1 (Rs.5200-20,200 with Grade Pay Rs.2,000) w.e.f. 30.12.2009.

6. He further submits that the Ministry of Human Resources Development, Department of Secondary and Higher Education, Government of India, has introduced a new pension scheme based on defined contribution in lieu of the GPF-cum- Pension Scheme for new entrants recruited in Central Government Service on or after 01.01.2004 and it has been also directed that who has been recruited on or after 01.01.2004 will also be governed by the New Pension Scheme and pursuant to the aforesaid decision of the Government of India, the petitioner has been put under the non-pensionable service.

7. Learned counsel for the petitioner submits that the petitioner is entitled under law to get his service rendered as daily wages employee should be counted for the purpose of putting him into a pensionable service. The petitioner was retired from the service on 31.06.2017.

8. Learned counsel for the petitioner in support of his submission has placed relian