RAMESHWAR PRASAD RAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by the petitioner for direction upon the respondents to pay pension and other retiral benefits such as, gratuity, leave encashment etc. on the basis of last pay drawn by him, as stipulated under Bihar Pension Rules, 1950.

(2.) ACCORDING to the petitioner, he was appointed as Assistant Teacher on 5th August, 1957 and subsequently, superanruated from the service of the State on 31st January, 1999 after having successfully completing 42 years of service. At the time of retirement, he was drawing salary in the senior selection grade of Rs. 5.500.00 9.000.00 and posted as Assistant Teacher at Dangalpara Primary School, Madhupur.

(3.) IN the counter -affidavit, the stand taken by the 4th respondent -Accountant General (A and E), Jharkhand that authorities of pension and gratuity payment was issued in favour of the petitioner on the basis of sanction order and documents which was submitted by the 3rd respondent -District Superintendent of Education, Deoghar. The 3rd respondent -District Superintendent of Education, Deoghar has filed counter -affidavit and has stated that Memo No. 1276, dated 18th August, 1998, on the basis of which the petitioner claims, was a conditional order and not a final order. It is further stated that such order was passed subject to the, objection, if any, made by the Finance Department or any Departmental Agency. It appears that the said respondent has also raised certain question relating to the seniority of the teacher or getting higher grade, though that issue cannot be determined by the authority at this stage, nor can be raised before this Court at the time of final fixation of pension, gratuity and leave encashment.