RAMASHANKAR MANJHI Vs. STATE OF BIHAR; DIRECTOR GENERAL OF POLICE, BIHAR; HOME SECRETARY, GOVERNMENT OF BIHAR; SUPERINTENDENT OF POLICE; DISTRICT MAGISTRATE - CUM - COLLECTOR; SUB - DIVISIONAL MAGISTRATE; CIRCLE OFFICER, HUSAINGANJ BLOCK; OFFICER IN - CHARGE, HUSSAINGANJ POLICE

JUDGEMENT

(1.) Prior to 1.1.1990, Choukidars and Dafadars were not government servants. The State of Bihar for the first time brought about certain legislation/ rules by virtue of which they were treated as class IV employees with effect from 1.1.1990.

(2.) Once that status was accorded all the rules which govern a government servant came into play. In the present case, the petitioner claims himself to be the son of an erstwhile Choukidar, who superannuated on 30.4.1998 after having reached the age of 58 years on 9.4.1998. He died on 11.11.2006.

(3.) The son now claims that his father is entitled to something more than what has been paid such as pension, gratuity etc. The State in the counter affidavit has brought evidence on record to show that since father of the petitioner never completed 10 years of minimum service, which is mandatory for payment of pension, gratuity etc., it is not required to be paid. Certain other claims had already been settled years ago and paid. It is the stand of the counsel for the State that the present writ is nothing but an opportunity on the part of the son, after more than 12 years of death of the father and more than a decade and half after his superannuation to derive certain benefits to which he is not entitled.