RAJ MANI TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER was initially engaged as a Chowkidar in the State of Bihar. In the year 1984, the State Government took a decision to depute these Chowkidars for tax recovery as Government Servants vide Circular dated 7th November, 1984. This was followed by another decision dated 25th August, 1995, whereby the Chowkidars, who were working, were to be granted the benefit of Pension from the date of their initial appointment. Petitioner also got promotion and thereafter retired from Government service on 31st January, 1996 on attaining the age of superannuation. Petitioner was paid all the retiral benefits including the pension calculated from the date of his initial appointment in the year 1958. He continued to receive his pensionary benefits till the issuance of the impugned order dated 10th of December, 2001 whereby the entitlement of the petitioner to receive pensionary benefits from the date of his initial appointment was curtailed and withdrawn and it was directed that such Chowkidars will be entitled to the pensionary benefits from the date of their regular appointment/absorption in the Government service. This order appears to have been issued pursuant to a Circular No. 1578 dated 26th August, 1972.

(2.) IN the counter affidavit filed by the respondents, reliance is placed upon the aforesaid circular, which provides for grant of pensionary benefits from the date of absorption/regular appointment of a Government servant. Admittedly, there was a decision taken by the then State Government of Bihar to treat the Chowkidars as regular Government servants with effect from the date of their initial engagements. This decision remains in operation till the passing of the impugned order by the State of Jharkhand after the bifurcation from the State of Bihar. Petitioner and may be some other similarly situated persons were getting the pensionary benefit consequent upon the policy decision taken by the then State Government, which was a conscious decision as is apparent from the documents referred hereinabove. The State of Jharkhand has only adopted legacy of the erstwhile State. The present Government is entitled to take a fresh policy decision but any such decision can have prospective application only and it cannot deprive any benefit or right accrued to a person before such revised decision is taken. Apart from that petitioner has been getting the benefit since the year 1996. A unilateral decision cannot deprive the petitioner of his right to receive pension, which was being received by him under a valid decision of the Government of Bihar. Petitioner has prayed for quashing of the impugned order, I allow the prayer of the petitioner to the extent this decision has retrospective application and deprives the petitioner or such other persons who were getting the benefits as on the date of the passing of the impugned order and held this decision shall be deemed to have prospective operation. This writ petition, accordingly, is allowed and it is declared that petitioner shall not be deprived of any benefit already accrued to him pursuant to the impugned decision notwithstanding any stipulation, therein to grant pension from the date of absorption.