IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.5179 of 2007
Tapan Kumar Dutta Petitioner
Vrs.
State of Jharkhand & Ors. Respondents
CORAM : HON'BLE MR. JUSTICE AJIT KUMAR SINHA
For the petitioner : Mr.Deva Kant Roy
For the respondents : Mr.Rajesh Shankar (SC-1) &
Mr. J.C. to S.C.-1
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05/12.12.2008
The present writ petition has been filed for issuance
of a direction against the respondents to consider and pay entire
retiral dues of the petitioner with cost and interest. According to
the petitioner he retired on 11.12.2003 on attaining the age of
superannuation and pursuant to the retirement his provisional
pension was fixed at the rate of Rs.1100/- per months and the
same was even paid for the period of nine months from January,
2004 to September, 2004 and thereafter it was illegally stopped
without any notice and no show cause was given.
I have taken up the matter and heard the parties at
length and the same is being disposed of at the admission stage
itself.
The main contention raised by the respondent is that
the petitioner being a temporary employee was initially appointed
as an extra clerk and thus he is not entitled to any pension. There
is no dispute with regard to the fact that he has been working as
temporary clerk for over 20 years and continued till retirement in
2003. This issue is no more res-integra. A Full Bench of this Court
has already considered this issue and relying upon the entitlement
of the temporary non-gazetted employee of the Government they
extended the benefit even to the work charge employee. In this
regard it is relevant to refer Rule 59 of Bihar Pension Rules, 2000
which is quoted as under:-
“The Provinicial Government may, however, in the
case of service paid from general revenues, even though either or
both of conditions (1) and (2) are not fulfilled-
(1) declare that any specified kind of service rendered
in a non-gazetted capacity shall qualify for
pension;
(2) in individual cases, and subject to such conditions
as it may think fit to impose in each case, direct
-2-
that service rendered by a Government servant
shall count for pension.”
Based on this a notification was issued vide memo
No. Pen 1024/69/11779 F., dated 12.8.1969 by which the non-
gazetted members of the temporary Government servants’
employee having worked for over 15-20 were also extended and
allowed the benefit and this power as exercised under Rule 59(1)
and the same was upheld by the Full Bench of this Hon’ble Court in
2005(3) JCR Jharkhand (FB) at page-23.
Considering the aforesaid facts and circumstances of
this case, this writ petition is allowed and the respondents are
directed to fix the pension of the petitioner in accordance with law
and pay the arrears as well within a period of two months from the
date of receipt of a copy of this order.
This writ petition is accordingly disposed of without
any order as to costs.
(Ajit Kumar Sinha,J.)
NKC