MUKHDEO SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The short point, whether the service rendered by the appellant Between the period 24.6.1966 to 31.7.1971 can be counted for pension-able service by relating the break in service in terms of Government circular contained in memo No. 581 dated 15.1.1982, falls for consideration in this intra court appeal arisen from the order passed by the learned Single Judge in W.P.(S) No. 2041 of 2008 dated 15th March, 2013, by which the learned Single Judge dismissed the writ petition. The brief facts of the case are that the appellant was initially appointed in Government aided school and worked there in between 24.8.1966 and 31.7.1971. Due to eye problem, the appellant could not continue with the employment and he relinquished the post and for about 10 years he did not attend his duties. Later on, the appellant was appointed on compassionate ground on 26.4.1982 and attained the age of superannuation on 28.2.2005. After attaining the age of superannuation, the appellant had made a representation before the authority concerned to take into count the service rendered by him between the period from 24.8.1966 to 31.7.1971 by relaxing the break in service in terms of Government Circular contained in memo No. 581 dated 15.1.1982.

(2.) The appellant also filed the writ petition being W.P.(S) No. 2041 of 2008, seeking relief of counting the service rendered by him between the period 24.8.1966 to 31.7.1971 as pensionable service by relaxing the break in service in terms of Government Circular contained in Memo No. 581 dated 15.1.1982.

(3.) The learned Single Judge dismissed the writ petition holding that the appellant relinquished the post and that he was appointed on compassionate ground in 1982. The said appointment was fresh appointment given to him and, therefore the appellant cannot claim any benefit under the Circular dated 15.1.1982.