SRI PARMESHWAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, State and the Accountant General.

(2.) PETITIONER was appointed as a Chowkidar at Benipatti Police Station within the District of Madhubani on 9.7.1955. His services alongwith the other Chowkidars of the State were regularized by the State Government in terms of the Government instruction bearing letter No. 359 dated 17.1.1990 with effect from 1.1.1990. After becoming the Government servant in terms of the aforesaid instructions of the State the petitioner continued as Chowkidar until he reached the age of superannuation on 31.5.1999. It would appear that the petitioner could not complete 10 years of service with effect from 1.1.1990 as such he was not allowed pension and he has filed this writ application for a direction to the State -respondents to consider his case for taking into account even services rendered prior to 1.1.1990 for giving him the benefit of pension. Such prayer is being founded on the submission that the Chowkidars were allowed the scale of Rs. 75 -95 by the State Government with effect from 1.1.1977 and the payments were made from the Public Exchequer from the head 2055 Village police as is evident from the instruction of the Government contained in the Police Department letter No. 9185 dated 29.8.1977. Such grant of scale was further revised under instructions of the Government bearing No. 2395 dated 8.5.1987 whereunder the Chowkidars were allowed the scale of 150 -200 and the payment was directed to be made from the head 2055 police. It is further submitted that as the Chowkidars were being paid from the Government Exchequer, Government ultimately declared the Chowkidars to be Government Servant under Instructions dated 17.1.1990 but while calculating the pensionary benefits, the services rendered prior thereto is not being taken into account which is depriving the petitioner of the pensionary benefits in the evening of his life as having served the State as a Chowkidar for over 43 years services rendered prior to 1.1.1990 may at least be taken into account for giving him the minimum pension under the Bihar Pension Rules. In this connection learned counsel has further relied on the provisions contained in Rule 56 of the Bihar Pension Rules which according to the counsel for the petitioner is an enabling provision enabling the Government to even include services rendered prior to 1.1.1990 for the purposes of calculating qualifying services for earning pension. In this connection learned counsel has also relied on the provisions contained in Rule 13 of the Bihar Pension Rules to suggest that the petitioner may be deemed to have been appointed as a Chowkidar on a Government post with effect from 1.1.1990 but the services rendered prior thereto can also be taken into account for calculating the qualifying services for pension for making good the shortfall for attaining the qualifying service for earning pension under the Bihar Pension Rules. In this connection she has referred the judgment of this Court in the case of Dularchand Paswan V/s. The State of Bihar & Ors., 2002 1 PLJR 540.

(3.) COUNSEL for the State has opposed the prayer. According to him petitioner became a Government servant with effect from 1.1.1990 and he superannuated on 31.5.1999 by which time he did not complete 10 years of qualifying service and as such he is not entitled to any pension. In support of such contention learned counsel for the State has relied on the judgment in the case of Karoo Paswan V/s. The State of Bihar, 1999 2. PLJR 336 Paragraphs 4 to 11.