STATE OF JHARKHAND Vs. AJAMBER AHIR

JUDGEMENT

(1.) This LPA is preferred against the order passed in W.P(S) NO.6514/2005, by which the writ court directed the State of Jharkhand to consider the payment of pension along with other retiral dues to the respondents by taking into account the date of initial appointment and the temporary service rendered by the writ petitioner, Ajamber Ahir.

(2.) It is the case of the writ petitioner-1st respondent that he was appointed as Choukidar on 3.1.1958 in the temporary beat no.3/1 in the Tamar Circle, District Ranchi, and since then he served the Government as a temporary employee on a lower salary. After repeated demands, the Government vide letter dated 5.5.1992 declared Choukidars as Class IV employee with effect from 1.1.1990 in the scale of pay of Rs.750-12-870-14-940/- in the regular post and the said decision was entered in the service book of the writ petitioner-1st respondent. The petitionerrespondent retired from service on 31.12.1997. Even though the 1st respondent was regularized with effect from 1.1.1990, the 1st respondent served the Government since his appointment on 3.1.1958 and the 1st respondent retired from service on completion of 40 years of his service as Choukidar Class IV Government employee, he was not paid pension.

(3.) The case of the writ petitioner-1st respondent is that he served the Government for 40 years and in view of the 1st respondent's 40 years of service he was entitled to pension, gratuity and benefits of revised pay with time bound scale, besides other benefits, group insurance, leave encashment and provident fund. Stating that his representation has not been disposed of and service benefits are not paid, the 1st respondent filed W.P(S) NO.6514/2005 for issuance of direction to the respondents (appellants herein) to make payment of the service benefits to the 1st respondent who served as Class IV employee-Choukidar.