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2017 DIGILAW 963 (JHR)

Uma Shankar Sharma v. State Of Jharkhand

2017-06-19

SHREE CHANDRASHEKHAR

body2017
JUDGMENT Chandrashekhar, J. - When the petitioner was not paid post-retiral benefits, he approached this Court. 2. The petitioner claims that he was appointed on 19.05.1982 in the erstwhile State of Bihar and he was promoted to the higher post with effect from 01.04.1988. When services of several similarly situated employees were terminated, writ petitions were filed in the Patna High Court. The matter stands concluded by the decisions of the Supreme Court in Civil Appeal No. 10758/ 1995 and Contempt (Civil) No. 27071/1997. By the aforesaid decisions, a direction was issued for calculation of the undisputed period of work for pensionary benefits. The letter dated 16.03.2000 whereby the petitioner and others were reinstated in service contains the following stipulation : ^ekuuh; mPpre U;k;ky; ds funs''k ds vkyksd es jk"V~h; ;{ek dk;Zdze vUrZxr iwoZ esa dk;Zjr dfeZ;ksa dh dk;kZof/k dh lsok dks isUlu iznk;h ekuh tk;sxhA fdUrq iwoZ ds dk;kZof/k dk lR;kiu ftyk ;{ek inkf/kdkjh@flfoy ltZu djsxsaA os ;g lwpuk {ks=h; mi funs''kd] LokLF; lsok,W ds ek/;e ls LokLF; funs''kky; dks miyC/k djk;sxsaA LokLF; funs''kky; ds vuqeksnu@ vkns''k ds ckn gh lacaf/kr dfeZ;ks dks iwOkZ dh dk;kZof/k lsok es isUlu iznkxh ekuk tk;sxkA* 3. The petitioner has pleaded that on 25.10.2007 he was relieved from the State of Bihar, after cadre bifurcation and he joined the Government of Jharkhand on 01.11.2007. He was posted at Garhwa from where he superannuated on 31.07.2016. He has asserted that two of his colleagues namely, Rajendra Kumar and Shyam Nandan Prasad have been granted pensionary benefits, in terms of the directions of the Hon''ble Supreme Court, however, he has been denied similar benefits. 4. As noticed above, only the undisputed period of service has to be counted for grant of pensionary benefits. Whether the period between 19.05.1982 and 30.04.1993 during which the petitioner claims that he was employed under the State of Bihar is the admitted period by the Government of Jharkhand or not has not been pleaded by the petitioner. Mr. Rakesh Kumar Shahi, the learned State counsel states that under Jharkhand Pension Rules pensionable period of service of a Government servant is 10 years. Accordingly, Director-in-Chief, Health Services, Government of Jharkhand is directed to pass necessary order for payment of pensionary benefits to the petitioner within a period of six weeks, if there is no legal impediment in payment of these benefits. Accordingly, Director-in-Chief, Health Services, Government of Jharkhand is directed to pass necessary order for payment of pensionary benefits to the petitioner within a period of six weeks, if there is no legal impediment in payment of these benefits. Needless to indicate that, on verification of records, the undisputed period of service between 19.05.1982 and 30.04.1993 shall also be counted towards payment of pension and other retiral benefits. 5. The writ petition stands disposed of, with the aforesaid directions.