BHOLA PRASAD CHAUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE prayer of the petitioner in this writ application are the following : - -

(2.) THE petitioner retired as Head Clerk from the Mines Department on 30.09.2000. He was given time bound promotion on 20.11.1986 with effect from 1.4.1981 in the pay scale of 680 -695. For fixing the final pension of the petitioner, the original service book of the petitioner was sent to the Accountant General. Bihar Patna. It is said that the Account General, Bihar returned the pension paper etc. to the District Mining Officer, Pakur with an objection that the first time bound promotion given to the petitioner was against the rules, because the petitioner had not clear the accounts examination, which was a must for having time bound promotion and the said fact was not entered in his service book. It is said that by issue of Annexure -6 dated 21.10.2002, the Government of Jharkhand after considering the objection of the Accountant General cancelled the time bound promotion given to the petitioner and also directed that the access amount received by the petitioner pursuant to the said promotion would be deducted from his Gratuity and other pensionary benefits. This order as contained in Annexure -3 is under challenge in this writ application.

(3.) IT is further submitted by the learned counsel for the petitioner that the pension of the petitioner has to be fixed on the basis of last pay drawn by him on the date of his retirement and further that after his retirement from service, the time bound promotion given to the petitioner in the year 1986 cannot be cancelled.