SUDHANSHU CHATTOPADHYAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By the Court.--Heard learned counsel appearing for the petitioner. Accountant General and learned counsel appearing for the State.

(2.) Learned counsel appearing for the petitioner submits that the petitioner was appointed as an Assistant Teacher on stipend basis on 5.2.1974 in a non-Government school, namely, High School, Rahe, Ranchi by the then District Superintendent of Education. Ranchi. Subsequently, his services were regularized w.e.f. 1.4.1975 and since then he was being paid regular salaries in pay scale and after ten years of the competition of his regular service, he was given time bound promotion on 5.2.1985, taking the period of regular service of the petitioner from 1.4.1975. In course of time, the petitioner got retired on 31.5.2008.

(3.) When the matter was referred before the Accountant General for finalization of the Pension, the pensionable service of the petitioner was shown to be from 1.4.1981 till he got retired. On such endorsement, an objection was raised by the Office of the Accountant General that from papers submitted to the Office, it does appear that the petitioner is in regular service w.e.f. 1.4.1975 and, therefore, the period of pensionable service would be from 1.4.1975 till he retired. The Objection raised by the Accountant General was replied with by the District Superintendent of Education, Ranchi vide its letter dated 9.1.2009 as contained in (Annexure-B) wherein it was again reiterated that pensionable period is to be counted w.e.f. 1.4.1981, as the petitioner was never in regular service before 1.4.1981.