RAMANAND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE question involved in the present writ, petition is as to whether the Dafadars, who are made Class IV employees of the State Government with effect from 1.1.1990 can get the benefit of their past services while they worked under the Village Chaukidari Manual. This question came up for consideration in the case of Karoo Paswanv. The State of Bihar reported in 1999 (2) PLJR 336, and the learned Single Judge of this Court held that Dafadars are not entitled to count past services for the purpose of computation of pension.

(2.) MR . Kamlapati Singh, learned Senior Counsel appearing for the petitioner, who was also a Dafadar, submitted that certain provisions of the Bihar Pension Rules and the Bihar Service Code, such as Rule 19 of the Bihar Pension Rules and Rule 24 of the Bihar Service Code read with Appendix 4 were not brought to the notice of the learned Single Judge. Rule 2 of the Bihar Pension Rules deals with the applicability of the provisions of the said rules to all Government servants to whom the rules in the Bihar and Orissa Service Code apply. Rule 19 of the said Rules defines &aposinferior service&apos which means any kind of service which may be specially classed as such by the Provincial Government, and any other kind of service the maximum pay of which does not generally exceed Rs. 35.00 a month, Rule 24, of the Bihar Service Code also defines &aposinferior service&apos and according to the said provision, it means any kind of service which may be specially classed as such by the State Government,, any other kind of service the maximum pay of which does not ordinarily exceed Rs. 95.00 a month. The classification of inferior and superior service under the said rule is provided in Appendix 4, which includes Dafadars also. As such, according to the learned Covinsel for the petitioner, Dafadars have been Government servants since their initial appointment and thus, entitled for pensionary benefits like other Government servants.

(3.) ACCORDING to the case of the petitioner himself by letter/circular dated 29.8.1977 of the Home (Police) Department, Government of Bihar, Patna, pay of the Chaukidars and Dafadars of the State was fixed in the scale of Rs. 75 -1 -95 and Rs. 100 -1 -115 -2 -125 respectively with effect from 1.1.1977. With regard to the retirement benefits, it was decided that Chaukidars and Dafadars will get half salary of a month as a gratuity for every year of their completed service but the aforesaid amount shall not exceed Rs. 15,000.00 to Rs. 20,000.00 respectively. It was further decided that the aforementioned amount will be paid under the head "255 -Police -Rural Police".