GURU SHARAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) A Storekeeper in the Chemistry Laboratory of a college, who was appointed on 20/7/1979 and continued up to 30/9/2017; the date of superannuation, seeks pension as per the entitlement to draw the last pay, at the revised rates.

(2.) The learned Single Judge rejected the prayer finding that though the Hon'ble Supreme Court directed the scales of pay to be revised, as agreed upon by the State Government, the subsequent order issued by the Government, declined such revision to persons who were appointed without a sanctioned post being available and without a proper procedure for selection and appointment being followed. It was held that the appellant was not able to substantiate his appointment having been made to a sanctioned post and by a due procedure adopted by the College. The appointment order is silent about the procedure followed and the subsequent order makes his regularization in a vacant post; till then held by another. The appellant's claim was rejected and the decision of the Hon'ble Supreme Court was found to be inapplicable.

(3.) We heard the learned counsel for the appellant and the learned Government Advocate and also gave our anxious consideration to the records produced in the case.