SHAIL KUMARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant entered pensionable Government service on 6th May, 1961 and since then until 31st May, 1975, she was discharging the duties attached to the post held by her. On 31st December, 1993, appellant reached the age of her superannuation. Subsequent to that, she asked for pension. This having been denied, she approached the writ court. The writ court felt that inasmuch as no proceeding was initiated against the petitioner under Civil Services (Classification, Control and Appeal) Rules or the Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules, 1935, terminating the services of the petitioner for continued absence for more than five years in terms of Rule 76 of the Bihar Service Code, the appellant cannot be treated to be a terminated employee of the Government and accordingly upheld the right of the appellant to receive pension.

(2.) IN the present appeal the appellant is contending that while the writ court has upheld the pensionable service of the appellant from 6th May, 1961 to 31st May, 1975, this should be deemed to be from 31st May, 1961 to 31st December, 1993, inasmuch as the appellant attended the age of superannuation on 31st December, 1993 and did superannuate as holder of a pensionable service on that date.

(3.) IN the instant case, the appellant having not worked for a single day from 1st June,1975 to 31st December, 1993 did not earn anything as a government employee. No part of the said period can be included for the purposes of calculation of her pension. In those circumstances, there is no scope of interference with the judgment and order impugned, inasmuch as the writ court has held that the appellant is entitled to count the period of service rendered by her from 6th May, 1961 to 31st May, 1975 for the purposes of pension and directed the appropriate authority to make payment of all post retiral dues including pension due to the appellant on account of rendering such service.