RAM LAKHAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has filed this writ for a direction upon the respondents to reckon and treat the petitioner as Government Servant from the date of his initial appointment as Chaukidari Tahsil -dar In view of Government Notification No. 598 dated 25.8.1995 and to calculate, refix and pay the difference of the pension and other retirement benefits and further direction to the respondent to give arrear of pay after giving the petitioner 1st and 2nd time bound promotion and fix the pension accordingly as well as direction for refund of the amount, which has been deducted from the pension of the petitioner as per pension intimation and also for arrear of salary in the revised scale of pay w.e.f. 1964, 1971, 1981 and 1986 and other consequential benefits along with penal interest @ 18 per annum.

(2.) THE petitioner was appointed as Chaukidari Tahsildar and he was not a Government employee in the year 1955. Subsequently after the abolition of Jamindari by Annexure -C such persons were directed to be absorbed against the Revenue Karmachari post and they were to be treated as Government Servant for purpose of pension, gratuity etc. w.e.f. the date of their absorption as such. Against that decision the Non Gazetted Employees Association has raised demands and the Government thereafter decided to treat them as Government Servant to give pensionary benefit from the date of their initial appointment as Chaukidari Tashildar (Annexure -D).

(3.) THE petitioner admittedly has retired in the year 1988, it appears that the petitioner was granted the benefits of time bound promotion on the basis of the letter aforesaid but subsequently a letter Annexure -E was issued whereby and whereunder the earlier decision of the Government was recalled and it was decided that such employee will be treated as Government servant from the date of their absorption as such consequent thereto as the promotion given under the old letter of the year 1995 certificated in the year 1996 and the amount paid in excess was withdrawn and it was also found that since the petitioner has not passed Hindi Examination he was not also entitled to promotion.