SHEO PUKAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been preferred for a direction to the respondent authorities for payment of pensionary benefits to the petitioner after taking into account his service for the period 1.5/1957 to 30.4.1973, after prefixing the same to the period 30.4.1973 to 31.1.1991, for which pensionary benefits have been granted to the petitioner.

(2.) ACCORDING to the writ petition, the petitioner served the State Government in the following manner stated chronologically: 1.5.1957 -Petitioner was earlier appointed as a Karmchari and had joined Simri Block Circle, District -Sahabad. On this date he was transferred to Chainpur in Bhabhua Sub - Divison where he was retrenched with effect from 21.11.1962, vide order dated 7.11.1962 (Annexure -1). The order clearly stated that the service was temporary and could be dispensed with without assigning any reason and without prior notice. 22.10.1964 -Petitioner was appointed as Moharir by the Settlement Officer, Arrah, vide letter no. 8132, dated 22.10.1964 (Annexure -2). The order clearly stipulated that the appointment was temporary and can be dispensed with ' without any prior notice. The petitioner 'sservices were retrenched from the office of the Assistant Settlement Officer, Sahabad, vide Memo no. 2121, dated 18.5.1967 (Annexure -3), with effect from 20.5.1967 (afternoon) for lack of allotment of funds and postponement of the survey work. 7.9.1967 -The petitioner was appointed as Extra Clerk in the District Registration Office, Arrah, vide Memo no. 2092, dated 7.9.1967 (Annexure -4). The letter stated that payment shall be made on piece -rated basis along with the amount of clearness allowance stated therein. The petitioner had joined on the same date. His services were dispensed with by letter dated 19.1.1968 (Annexure -5) on the ground that the pending works had been cleared. 30.4.1969 -The petitioner was appointed on the post of Moharir, vide Office Order No. 1253 dated 30.4.1969 (Annexure -6). The order clearly stipulated that the appointment was temporary and can be dispensed with without assigning any reason and prior notice. The petitioner had joined on 1.5.1969. His services were dispensed with on 8.8.1970 from the office of the Settlement Officer, Head Quarter, Arrah for the reasons that his services were no -longer required and will be deemed to have been dispensed with effect from the date he was absent vide Memo no. 2153 dated 8:8.1970 (Annexure -7). 22.6.1970 -The petitioner was appointed on the post of Seasonal Receipt Clerk in the office of Deputy Collector, Revenue Division, Arrah, vide Memo no. 7933 dated 22.6.1970 (Annexure -8). The order stated that the appointment was temporary and could be dispensed with without assigning any reason and prior notice. The petitioner 'sservice was extended upto 29.2.1973 vide letter No. 7733 dated 6.11.1972 (Annexure -9), whereafter he automatically ceased to be in service. 30.4.1973 -The petitioner was appointed to the post of Temporary Clerk in .the office of Circle Officer, Natwar, in the district of Rohtas in the pay scale of Rs. 220 -315/ -, vide order bearing Memo no. 3012, dated 30.4.1973 (Annexure -10). 22.9.1986 -On completion of ten years of service, the petitioner was given first time - bound promotion with effect from 6.11.1982, vide letter bearing Memo no. 1413, dated 22.9.1986 (Annexure -11). 31.1.1991 -The petitioner superannuated from the services of the Bihar Government, vide Memo no. 1263 Arrah, dated 30.11.1990 (Annexure -12).

(3.) THE respondents have placed on record their counter affidavit and have opposed the writ petition.