AMRENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By filing this Letters Patent Appeal, the petitioner in W.P.(S) No.5323 of 2022, has assailed order passed by learned Single Judge on 21/12/2022, disposing his writ application on the ground that the entire retirement benefits have already been paid to the petitioner and the petitioner is at liberty to opt for Old Pension Scheme in terms of Notification dtd. 21/9/2022 issued by the Finance Department, Government of Jharkhand.

(2.) Counsel for the appellant-petitioner submits that in this case, the appellant-petitioner is entitled to the retirement benefits since the date he was engaged in the work-charged establishment.

(3.) The facts of the case are not in dispute. Petitioner had filed the writ petition with a prayer to issue a writ of mandamus directing the respondents to pay pensionary benefits to the petitioner, counting his initial date of joining from 1/12/1981. It is needless to go into the pleadings raised by the petitioners, suffice it would be to take into consideration the Counter Affidavit filed by the Executive Engineer, Drinking Water and Sanitation Division, Pakur. He has categorically admitted that the petitioner was initially appointed in work-charged establishment on 1/12/1981 and on the same day he took over the charge. Petitioner was regularized by Office Order No. 30 contained in Memo No.702 dtd. 23/7/2005, which is Annexure 2 to the writ petition, with effect from the date of issuance of the office order. Thereafter the petitioner continued to work till 2022 and on 31/1/2022 petitioner was retired on superannuation. The General Provident Fund, Group Insurance and Leave Encashment were calculated taking into consideration his regular appointment with effect from 23/7/2005 and the amounts have already been disbursed in favour of the petitioner. He has also been paid pension calculating his date of service from the date of regular appointment.