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2001 DIGILAW 1097 (PAT)

Dularchand Paswan v. State Of Bihar

2001-12-07

P.K.DEB

body2001
Judgment 1. Heard learned counsel for the petitioner and the State. 2. The petitioner was a chowkidar in the police department. The post of chowkidar has been absorbed in the State service on 1.1.1990 and then the petitioner was superannuated on 21.6.1998. In that view of the matter, the petitioner has not been paid any pension as he is not entitled as because he has not completed ten years of service. According to the petitioner, in other departments before absorption by the State Government the previous services rendered are being counted for the purpose of pensional benefits but in the police department in respect of chowkidar the policy has not been taken so by the State Government. If the petitioner feels aggrieved, he may represent before the authorities regarding discrimination to the effect that in the other departments Government has taken such policy but in respect of police department and for chowkidar the policy is different. The Government may take a policy decision in this respect without further delay and such decision should be taken within a period of three weeks next from the date of presentation of a copy of this order along with the representation before the appropriate authority. 3. In the counter-affidavit it has further been stated that the petitioner is not entitled for gratuity but Rule 144 of the Bihar Pension Rules provides that even if a person has not completed ten years of service, he is entitled for gratuity but calculation is to be made according to Rule 144 itself. In that view of the matter, the denial of gratuity to the petitioner, does not stand. So far as G.P.R amount is concerned, it is stated that the petitioner has not contributed a single farthing towards G. R F. and as such he is not entitled for G. P. F. amount. Regarding leave encashment and group insurance it has been stated that the service book of the petitioner was not available and, as such, the same could not be allowed. The counter-affidavit has been filed long back and by this time it is expected that the amounts within these two heads must be paid to the petitioner in the meantime. If not paid, the same should be paid within a period of six weeks from the date of presentation of a copy of this order from the side of the petitioner. If not paid, the same should be paid within a period of six weeks from the date of presentation of a copy of this order from the side of the petitioner. If delay is made in such payment, the petitioner shall be entitled to interest @ 9% from the date of due till the date of realisation. 4. This writ petition is disposed of accordingly.