HARIDEO JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajendra Narain, learned senior counsel appearing for the petitioner and Mr. Ritesh Kumar, learned SC 33 for the State.

(2.) The petitioner who was appointed as a Cook on daily wage basis on 26/1/1970 and whose services as such was regularized on 28/4/2005 in the Department of Social Welfare Department, Government of Bihar by an order issued by the Director, Department of Social Welfare Department, Government of Bihar vide memo No. 407 dtd. 28/4/2005 (Annexure-3 to the writ petition) and retired from the service on 31/1/2012 from the post of Cook, has approached this Court by filing this writ petition praying for payment of pension, gratuity and other retiral benefits to the petitioner by adding shortfall of 3 years 2 months and 27 days from his service rendered on daily wage in completing 10 years of qualifying service for pension and other retirement benefit as provided in the Bihar Pension Rules, 1950.

(3.) In support of the petitioner's case that he is entitled to payment of pension and other retirement benefits even though he had not completed 10 years of regular service as Cook from the formal date of regularization, learned senior counsel appearing for the petitioner has placed reliance on Rule 59 of the Bihar Pension Rules, 1950 as well as Memo No. Pen1024/69/11779 F., dtd. 12/8/1969 issued by the Finance Department, Government of Bihar to contend that even if a person has worked in a temporary capacity and has not been confirmed, if his service on any post is continuous and is for more than 15 years, then it may be considered as pensionable under Rule 59 of the Bihar Pension Rule, 1950.