MOHAMMAD NAZIBULLAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner was appointed against a class -IV post in Rajendra Medical College and Hospital, Ranchi (now Rajendra Institute of Medical Science -R.I.M.S.). He superannuated from service on 30th November, 2000. The pension of petitioner was fixed on the basis of initial date of appointment by the sanctioning authority and it was forwarded to A.G., Bihar and Jharkhand. On the recommendation of A.G. Bihar and Jharkhand the pension of the petitioner has been reduced and certain amount has been ordered to be recovered/adjusted vide order contained in Annexure -3. Such decision was also informed to the Treasury Officer, Ranchi by letter dated 19th August, 2002 (Annexure -6).

(2.) ACCORDING to counsel for A.G. Bihar and Jharkhand, the services of petitioner were taken in the regular establishment on 5th July, 1974. Therefore, the pension and gratuity have been calculated on that basis.

(3.) COUNSEL for the A.G. Bihar and Jharkhand relied on an instruction given to him vide Fax Message dated 17th February, 2003, wherein reference of Rule 61 of the Bihar Pension Rules has been given. From the said letter, it will be evident that even the office of A.G. Bihar had not received any clarification as to the effect that the service of petitioner is regular or not and pension has been fixed from a subsequent date because no such information has been given from the office of R.M.C.H. (R.I.M.S.).