SHESH NATH CHOUBEY Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner has approached this Court seeking a direction upon the respondents to determine and pay the pension after considering the past service between the period 1968-1982. A further prayer seeking refund of amount deducted from the retiral dues of the petitioner has also been made in the writ petition. The brief facts of the case are that, the petitioner was appointed as office peon temporarily by order dated 22.7.1968 and he became a permanent employee w.e.f. 31.12.1972. After the petitioner successfully completed the departmental examination, by order dated 09.02.1980 he was appointed as Typist-cum-Clerk. By order dated 08.08.1981, the petitioner was discharged from service on the ground of submitting fake and bogus educational certificate. However, by order dated 12.04.1982, the petitioner was re-appointed on the post of office peon. The petitioner superannuated from service w.e.f. 31.01.2006 however, as the pension of the petitioner was fixed without considering the period prior to his re-appointment, the petitioner submitted representation on 10.11.2006. Thereafter, the petitioner submitted another representation on 15.02.2008.

(2.) A counter-affidavit has been filed raising a plea that since the petitioner was re-appointed by order dated 12.04.1982 on the condition that the benefit of past service would not be given to him as the period between the joining on the post of Typist-cum-Clerk and his re-appointment on the post of office peon would be treated as breakage in service, the petitioner cannot claim the benefit of the past service. The relevant portion of the counter-affidavit is extracted below:

(3.) Heard learned counsel for the parties and perused the documents on record.