ANTO TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. R.R. Mishra, learned counsel for the petitioner. Mr. P. Vidyarthi, learned JC to SC II, flies counter -affidavit in the Court. Let it be accepted. Mr. S. Srivastava appears on behalf of the respondent No. 5.

(2.) THE facts narrated in this writ application and the statement made in counter -affidavit has veritably shocked the conscience of this Court. The petitioner, an ordinary and a petty retired Teacher of the Primary School. Anchal Mahgama in the district of Godda (then district of Sahebganj), retired on 31.1.1983 from his services of the then State of Bihar, almost 20 years ago (19 years and 4 months to be precise). This poor and helpless senior citizen of our country has stated that he was paid only provisional pension from 1.2.1983 to 1995 and thereafter payment of even provisional pension was stopped. He sent representations after representations and the respondents apparently went on telling him that his service book was not available and therefore, his pension was not being fixed. The petitioner has stated at paragraph 8 that he and his family members are facing starvation.

(3.) THIS respondent has further stated that a new service book has now been prepared and the same has been sent along with pension papers to the Accountant General, Bihar and Jharkhand by letter dated 20.4.2002 for fixation of final pension and gratuity. At paragraph 13, it has also been admitted that the provisional pension had been stopped after 1995 for the same reason, i.e. nonavailability of service book.