AJOY KUMAR MUKHERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel for the respondents.

(2.) Learned counsel appearing for the petitioner submits that the petitioner was initially appointed on 20.12.1977, as District Employment Officer under the Labour and Employment Department, Government of Bihar. Patna. After rendering services for about more than one year, the petitioner joined Bihar Education Service, Class-II, on 7.4.1979. On being appointed, the petitioner handed-over the charge of his earlier post on 6.4.1979. After rendering services in the Bihar Education Service, Class-II for fairly long time got retired on 28.02.2010. Before being retired the petitioner had made representation before the authority for adding the period of services rendered as the District Employment Officer for the purpose of Pension. When nothing was done the petitioner after getting retired filed a representation before the Secretary, Human Resource Development Department, Government of Jharkhand, Ranchi, but that also did not bear any fruit and, therefore, the petitioner has come to this Court for a direction to the authority to take into account the period of service rendered from 20.12.1977 to 6.4.1979, for the purpose of Pension.

(3.) Learned counsel by referring to Rule 58 and Rule 59 of the Bihar Pension Rules, 1950, submitted that under Rule 58, one would be entitled to Pension provided he has rendered services against the sub-stantive post of the Government and was being paid salary by the Government.