KAMESHWAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE grievance of the petitioner in this writ petitioner is that the Respondents have wrongly denied his pension from the due date. Respondents have calculated pensionary benefits on the basis of salary drawn by the petitioner on 1.5.1973 and his service for the subsequent period till he attained the superannuation on 31.1.1984 has not been taken into account for the purpose of pensionary benefits.

(2.) IN short, relevant facts are that the petitioner was in service of the State Government as Compounder/Dresser. The petitioner on transfer from Simri Centre, Birpur joined at Salakhua on 23rd May, 1970. In the year 1972 his land and house properties were damaged because of the flood in Koshi river and under such circumstances he went on leave. When he did not return, a show cause notice vide letter dated 1.5.1973 (Annexure -3) was issued to him for his above unauthorised absence and further directing him to return to his work within three days, on failure of which strong departmental action would be taken against him. According to the petitioner, he reported for duty on 24.8.1981, but the same was not accepted by the Civil Surgeon, Saharsa, and the matter was referred to the Government by him. However, the petitioner never joined and neither approached this Court with the said grievance that he was not allowed to join. The petitioner on attaining the date of superannuation retired from service on 31st January, 1984 and thereafter approached for fixation of his pension and payment of pensionary benefits. In paragraph 20 of the writ petition, it is stated that the petitioner is not claiming his salary from the date of his absence till the date of retirement rather through this writ petition he claims only the retirement benefit as well as pension for which he is entitled in law.

(3.) ACCORDING to the learned counsel for the Respondents, the petitioner cannot claim any benefit for his service after 1.5.1973 till his retirement as he was unauthorisedly absent and the said period cannot be counted for the purpose of fixation of his pensionary benefits, as no leave was due and/or sanctioned and the absence during the said period was unauthorised.