PARMESHWAR NANDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeals are directed against an order passed by the Full Bench of High Court of Jharkhand on 16 th June, 2017 wherein it has been held that the services rendered by the appellants under the Adult Education and Non-Formal Education Project for short, 'Project' cannot be counted under a Government scheme for the purpose of pensionary benefits after the appellants were appointed by the State.

(2.) Briefly, the facts are that the appellants were appointed under the Project, co-sponsored by the Central Government and the State Government, in the erstwhile undivided State of Bihar between the period 1978 to 1990. Some of the appellants were appointed as Adult Education Supervisors whereas other appellants were appointed in the ministerial cadre such as Stenographer, Clerk cum Accountant, Clerk cum Typist, Peon as well as Drivers. The appellants were working under the Project during the bifurcation of the State and their services fell in the successor State of Jharkhand which was formed on 15th November, 2000. The Government of India vide policy decision dated 1st April, 2001 closed the Project. The Government of Jharkhand, consequent to the bifurcation of State of Bihar, declared the employees to be surplus w.e.f. 16 th May, 2001.

(3.) The Government of Jharkhand issued a notification dated 30 th May, 2007 for absorption of the employees engaged in the Project in the Departments of Food, Public Distribution and Consumer Affairs, Finance, Social Welfare, Women and Child Development, Urban Development etc. on different posts, in their respective prescribed scales of pay. A perusal of the said notification shows that there were 756 employees who were declared as surplus and were to be absorbed by the State. It appears that most of the surplus employees were absorbed in different scales of pay vide letter of appointments starting from 24th July, 2007 except those who had attained the age of superannuation or had died prior to such absorption.