PARMESHWAR PASWAN Vs. STATE OF BIHAR THROUGH SECRETARY

JUDGEMENT

(1.) The petitioner prays for quashing of the letter vide no. 3721 dated 18.6.2009 (Annexure-8) whereby the claim of the petitioner for pension has been rejected. The brief relevant facts are that the petitioner was initially appointed on the post of Village Chowkidar on 4.7.1955 within Benepatti Police Station, district of Madhubani. Pursuant to the policy decision of the Cabinet, the Village Chowkidars were declared as Class-IV Employee of the State Government with effect from 1.1.1990 as per letter no. 4ch-101/90/359 dated 17th of January, 1990 vide Annexure-5 of the writ application. The petitioner, on his retirement on 31st of May, 1999, requested for pension which was declined since he did not complete the minimum service of 10 years as required under the Bihar Pension Rules after being declared as Class-IV employee of the Government with effect from 1.1.1999 as per Annexure-5.

(2.) The petitioner filed a writ application in this court vide C.W.J.C. No. 13634 of 2006 for directing the respondent-State for extending the benefit of pension. The writ application was filed primarily on the ground that the regular pay scale was allowed to the Village chowkidars by the State Government with effect from 1.1.1977 in the pay scale of Rs. 75-1-95. The benefit of gratuity was allowed. The expenditure were to be made from the Government revenue under the Head "255 police and village police" vide State Government letter no. 31C3/102/77/9185 dated 29.8.1977, as contained in Annexure-3 followed by the further decision to pay ex gratia amount of Rs. 50,000/- to the legal representative of the Chowkidar/Dafadar who dies while discharging (sic) the Government expenditure to be made under the "Head 2065 administrative services and other expenses" with effect from 1.4.1987 vide Annexure-4. The other admissible allowance were also allowed from the aforesaid date followed by revision of pay scale with effect from the aforesaid date i.e. 1.4.1987. It further appears that on demand being made by the Chowkidars/Dafadars that they should be declared as Class-IV Employee of the State Government and the salary and other allowances be also paid as admissible. Pursuant to the Cabinet decision taken on 30th of December, 1989 State Government declared the Chowkidars as Class-IV Employees of the State Government with effect from 1.1.1990 in the revised pay scale of Rs. 750-12-870-14-940 as per letter no. 359 dated 17.1.1980 vide Annexure-5.

(3.) The aforesaid writ application upon consideration was disposed of by order dated 29th of April, 2008, as contained in Annexure-6. This court upon details consideration of the relevant facts and rules under the Bihar Pension Rules disposed of by directing that the State Government should consider the case of the petitioner for granting him the benefit of services rendered by him in between 1.1.1977 to 1.1.1990, so that the petitioner may acquire the at least minimum qualifying service for allowing pension to the Government Servant in terms of the Bihar Pension Rules as discussed in.