LALMANI EKKA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner, A.G. and learned counsel appearing for the State.

(2.) Learned counsel appearing for the petitioner submits that the petitioner was initially appointed on the post of 'Clerk' in the Office of District Superintendent of Education, Hazaribagh on 20.08.1976. While he was in service, he applied for appointment on the post of Assistant Teacher, a cadre post under Subordinate Education Service. On being selected for being appointed on the said post, an appointment letter was issued on 09.08.1983. On such appointment, the petitioner was relieved from the Office of the District Superintendent of Education, Hazaribagh on 31.08.1983. Immediately on the next date, the petitioner gave joining as 'Assistant Teacher' in Govt. High School, Chaibasa. After rendering service to the full satisfaction of the authority, the petitioner got retired on 30.09.2009, but since then the petitioner has not been paid his post retiral dues perhaps for the reason that authorities were in doldrum as to whether the period of service rendered as 'Clerk' in the Office of District Superintendent of Education, Hazaribagh from 1976 to 31.08.1983 would be considered or not as pensionable period. The petitioner time without number, represented before the authority that the period, in view of the Circular issued by the Finance Department, must be added for the purpose of pension, but ultimately, the Director, Secondary Education, Jharkhand Ranchi vide its letter No. 4081 dated 01.09.2010 (Annexure-9) decided that since the petitioner had been appointed in the Bihar Subordinate Education Service directly, the period of the earlier service would not be counted for the purpose of pension, which order has been challenged to be bad in this writ application.

(3.) Learned counsel by referring to Rules 58 and 59 and the Notification No. 12928-F dated 4.9.1962, submits that the period of service rendered in other Government department must be considered as pensionable period which requires to be added to the period of service rendered in Bihar Subordinate Education Service. Keeping in view the said provision, a notification has been issued by the Finance Department as contained in Letter No. 1399 dated 19.3.1990, which is being invariably adhered to by the authority of the State in this type of the cases, but in case of the petitioner, neither the provision of the pension Rule nor the said Notification, as mentioned above, were taken into consideration and hence, the order as contained in letter No. 4081 dated 1.9.2010 (Annexure-9) is fit to be set aside.