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2010 DIGILAW 908 (JHR)

Md. Illiyas Ahmed v. State of Jharkhand

2010-09-17

D.G.R.PATNAIK

body2010
JUDGMENT D.G.R. Patnaik, J. 1. Prayer has been made by the petitioner in this writ application for grant of full and final pension, full and final gratuity and leave encashment. A further prayer has been made for regularization in service. 2. Relying upon the full Bench judgment of this Court reported in 2005 (3) JCR 9 (Jhr) (FB), learned Counsel for the petitioner submits that it is by now well established that the employee working in the work charge establishment, shall be also entitled to the same retiral benefits including the pension, gratuity and leave encashment and the same cannot be denied to him. 3. The petitioner was appointed on daily wage basis in the year 1981 and he was posted in the office of Road Construction Department. Later, his service was taken over in the work charge establishment on and from 3.1.1991. The petitioner continued to serve in the State Government in the concerned department and eventually, he had superannuated on 31.1.2010. Upon his retirement, he was paid the amount of group insurance and GPF amount, but the respondents have neither paid him the full and final pension, nor full and final gratuity and leave encashment without any rhyme and reason. 4. Counsel for the respondent State concedes that as per the full Bench judgment of this Court, referred to by the petitioner, the petitioner shall be entitled to full and final pension, gratuity and leave encashment. However, as regards the petitioner's claim for his regularization in service with effect from the date prior to his retirement, the same involves a policy decision which the concerned authorities of the respondents are yet to take. 5. Considering the above facts and circumstances and the submissions made, this application is disposed of with a direction to the concerned authorities of the respondents to assess the amount of full and final pension, full and final gratuity and leave encashment and pay the same to the petitioner together with arrears of pension, within two months from the date of this order. As regards the petitioner's claim for his regularization, the concerned authorities of the respondents shall consider the same and take an appropriate decision by passing a reasoned and speaking order and shall communicate such decision effectively to the petitioner within aforesaid stipulated period. Let a copy of this order be given to the counsel for the respondent State. Petition allowed.