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.
