MAHESHWAR MOCHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It is submitted by Mr. Prasad that the petitioner retired on 31.1.1998 working as Sheristedar of the District & Sessions Judge, Gumla, but his final pension has not been fixed on the basis of 5th pay revision i.e. on the basis of pay-scale of 5500-9000 (w.e.f. 31.1.1998) and he is receiving only provisional pension in the old scale; and that petitioner is also entitled to the arrears of dues of pension and gratuity along with the statutory interest.

(2.) It is submitted that representation was made before the District & Sessions Judge, Gumla, but no order was passed and thereafter a representation was also made to the respondent no. 2- Registrar General, Jharkhand High Court, Ranchi on 20.6.2008(annexure 5 and 5/1).

(3.) In the circumstances, petitioner is permitted to make fresh representation to the District & Sessions Judge, Gumla with a copy to respondent no. 2. If the District & Sessions Judge , Gumla finds that petitioner's claim is legally tenable, he will pass necessary order in that regard. If he finds that petitioner's claim/part of it is not legally tenable, he will communicate the reasons thereof to the petitioner.