MANOJ ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel appearing for the petitioner submit that the petitioner's father, Late Lurku Jones Toppo @ Late Lurku Oraon was working as 'Kamdar' in Plant Conservation Centre, Department of Agriculture, Ranchi. While he was under the employment he died in harness on 30.08.1984. At that time, the petitioner was the minor. Even then the mother after taking another marriage left home leaving the petitioner at lurch. When the petitioner got major, he filed this writ application for a direction to the authority to make payment of the Family Pension which was due to be paid after the death of his father, under the scheme known as Family Pension Scheme, 1964, whereby the petitioner would be entitled to have Family Pension till he attained the age of 21 years as the petitioner's father had worked in the Department for more than 2 years, which under the scheme is more than qualifying period of one year and hence, the authority be directed to make payment of the arrears of the Family Pension to the petitioner.

(2.) A counter-affidavit has been filed, wherein, statement has been made that the petitioner would not be entitled to have Family Pension as the petitioner's father had not completed the qualifying period of service of ten years for earning Pension and under the situation the petitioner is not entitled to get relief as claimed.

(3.) It has also been stated in the counter-affidavit that the petitioner's father was in temporary service and that he had not completed even two years of service and that even during those two years, they were intermittent breaks in service due to absence of the petitioner's father from the duty.