High Court Jharkhand High Court

Kurban Ansari vs Rajendra Institute Of Medical … on 1 April, 2005

Jharkhand High Court
Kurban Ansari vs Rajendra Institute Of Medical … on 1 April, 2005
Equivalent citations: 2005 (2) JCR 434 a Jhr
Author: S Mukhopadhaya
Bench: S Mukhopadhaya


ORDER

S.J. Mukhopadhaya, J.

1. This writ petition was preferred by the petitioner for direction on the respondents to pay his Pension, Gratuity and other retiral benefits taking into consideration his date of initial appointment i.e., 7th May, 1965.

2. The grievance of the petitioner is that the respondents though fixed his Pension and other retiral benefits on the basis thereof, but he has been paid the benefits on the basis of a different date of appointment i.e., 3rd November, 1972

3. Counsel for the Rajendra Institute of Medical Sciences, Ranchi (RIMS) was directed to produce the Service Book of the petitioner to find out the date of his initial appointment.

4. From the Service Book produced by the respondents, it appears that the petitioner was appointed on 7th May, 1965 as Sweeper in the then scale of Rs. 65-70/-. In the format as enclosed therewith as Vivaran ‘KA’ his date of appointment has been shown as 7th May, 1965. The absence from duty since August, 1965 has also been reflected in the Service Book (at Page-5).

5. It is not clear as to how the respondents have fixed the retirement benefits of the petitioner on the basis of some other date.

6. Counsel appearing on behalf of the RIMS submitted that the RIMS authorities intimated the Accountant General that the petitioner was appointed on 7th May, 1965 but the Office of the Accountant General, Bihar and Jharkhand, Ranchi fixed the retiral benefits on the basis of some other date.

7. In the facts and circumstances, the case is remitted with direction to the respondents to take up the matter with the Accountant General, Bihar and Jharkhand who, in his turn, is directed to determine the Pension, Gratuity and other retiral benefits of the petitioner taking into consideration his date of appointment as 7th May, 1965.

8. Appropriate order be issued within two months and the dues, if any, be paid within three months from the date of receipt/production of a copy of this order.

9. The writ petition is allowed with the aforesaid observations and directions.