UPENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) -By this petition under Articles 226, and 227 of the Constitution of India, the petitioner has approached this Court for issuance of in appropriate writ or direction commanding the respondents to take into account the petitioner's services rendered as Extra Clerk from the period April, 1957 to 23-1-1981in the establishment of District Registrar, Samastipur before he was absorbed as temporary clerk in the said Department, as qualifying service for pensionary benefit.

(2.) The undisputed facts in this case are that after being selected, the petitioner was appointed as extra clerk in the office of the District SubRegistrar, Samastipur on and from in the month of April, 1957 arid he continued to work as extra clerk till he was absorbed as temporary clerk by the order issued under Memo No. 172 dated 24-1-1981. While working as temporary clerk, the petitioner was absorbed as permanent clerk ia the said Department by the order dated 30-5-1990 and continued to work as such till he retired from service on attaining the age of superannuation and on 31-12-1992. After his retirement, the petitioner was granted pension and pensionary benefit by taking into account the period from 24-1-1981 to the date of his retirement as qualifying service and the continuous period of service he rendered as extra clerk in the office of the District Registrar, Samastipur from April, 1957 was not taken into account for the purpose of granting pensionary benefit.

(3.) The petitioner made several representations with the prayer to take into account the continuous service rendered by him as extra clerk from April 1957 to 23-1-1981 for the purpose of granting pensionary benefit but of no avail. The petitioner has therefore, approached this court in this writ petition;