The petitioner was entitled to the 6th pay revision as applicable to regular employees, as per the judgment in Bihar State Beverages Corporation Limited and Others vs. Naresh Kumar Mishra and Others.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying therein for a direction upon the respondent authorities to pay the entire retiral benefits including unpaid wages, gratuity, earn leave, ACP, group insurance, LIC etc. along with pension.

The petitioner has further prayed for a direction upon the respondent-authorities especially respondent-State of Jharkhand to determine the service condition for regularization of service in the Minor Irrigation Department, State of Jharkhand, as directed by the State of Bihar at the time of deputation w.e.f. 11.01.2000 from Bihar Hill Area Lift Irrigation Corporation (hereinafter to be referred as the BHALCO) to Minor Irrigation Department at Ranchi Minor Irrigation Monitoring and Valuation Division, which was subsequently shifted to Dhanbad.

Petitioner has further prayed for quashing of the order as contained in Memo No. 1168 dated 26.10.2013 issued by the office of Executive Engineer, Minor Irrigation Diversion, Dhanbad; whereby the revision of pay of the petitioner in the 6th Pay scale which was given earlier vide Letter No. 279 dated 20.03.2009 was withdrawn.

3. The facts of the case lie in a narrow compass. The petitioner joined service of BHALCO as Store Keeper on 01.11.1975 and worked till 10.01.2000. Subsequently, petitioner was sent on deputation to the sanctioned post of correspondence clerk in Minor Irrigation Department, Ranchi for three years w.e.f. 11.01.2000. Though the service conditions of the petitioner was to be decided by the Department subsequently; but the same was never done. On 20.03.2009, vide office order No. 279; the benefit of 6th Pay revision commission was made applicable to this petitioner w.e.f. 01.01.2006. The petitioner subsequently retired from service from the Minor Irrigation Division, Dhanbad w.e.f. 31.03.2013. Thereafter, the petitioner made representation before the respondent-authorities for payment of the arrear of salary and other retiral benefits. Pursuant thereto, the respondent-State of Jharkhand has withdrawn the benefit given to the petitioner on account of revision of pay scale on the basis of the recommendation made by 6th pay revision vide its order dated 26.10.2013.

4. Mr. Pallav, learned counsel for the petitioner submits that the petitioner was appointed by deputation as the appointment of the petitioner was done in the Minor Irrigation Monitoring and Valuation Division, Ranchi on the sanctioned post of correspondence clerk and his service condition was to be determined by Minor Irrigation Department. Moreover, the parent department of BHALCO was on the verge of closure and at the stage of winding up and was not in a position to retain its employee. Further, till his retirement; the petitioner was never repatriated for the obvious reason that the parent department was almost on closure.

5. Learned counsel further contended that the petitioner is duly entitled for the 6th pay revision as was applicable to the regular employee of the State of Jharkhand, in view of the judgment passed in the case of Bihar State Beverages Corporation Limited and Others vs. Naresh Kumar Mishra and Others, (2019) 5 SCC 110.

He lastly submits that the petitioner’s claim may be separated in two parts; first from the date of his joining in BHALCO till date of deputation in Minor Irrigation Division, Ranchi i.e. from 01.11.1975 to 10.01.2000 for which State of Bihar may be directed to make payment of all dues, if not paid and subsequently; the period from the date of deputation in Minor Irrigation Department till the date of his retirement i.e. from 11.01.2000 till 31.03.2013.

6. Before concluding his argument, he categorically stated that the other similarly situated persons who were initially in BHALCO and were subsequently deputed and remained in the State of Bihar after bifurcation, has been regularized by the State of Bihar and they are getting the salary and the