BISHWANATH PRASAD, SON OF LATE SANT PRASAD, RESIDENT AT C/O NEERAJ KUMAR LALA, MOHALLA SHASTRI NAGAR, SECOND GALI, KANKE ROAD, P.O. UNIVERSITY POST OFFICE, P.S. GONDA, DISTRICT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The grievance of the petitioner is that after serving for about 32 years, his claim for 1st & 2nd A.C.P and 3rd M.A.C.P with consequential benefits has been declined on the ground that his service was not confirmed.

(2.) Heard.

(3.) The facts disclosed in the present proceeding presents a peculiar picture depicting indifference of the respondents to the statutory claims of an employee. The petitioner, who was appointed on 10.02.1981 as Temporary Clerk at Tenughat Sub-Registrar's office, received revised pay-scales of Rs.975-1540.00 with effect from 01.01.1986, Rs.3050-4590.00 with effect from 01.01.1996 on account of Vth pay revision and Rs.5200- 20200.00 with effect from 01.01.2006 on account of VIth pay revision, however, he has been denied 1st & 2nd A.C.P and 3rd M.A.C.P on the ground that his service was not confirmed. The petitioner superannuated from service on 30.09.2013 and he has been paid all post retiral benefits. Order dated 20.11.2013 vide Annexure-4-series reflects that his pension has been fixed at Rs.7260.00 with effect from 01.10.2013. He has been paid Rs.4,48,305.00 on account of Gratuity. His service Book which was opened by the Department reflects the aforesaid pay-revisions granted to him. Though in the counter-affidavit, the respondents have taken a stand that the petitioner was appointed to the post of Additional Temporary Clerk on temporary basis, the fact remains that he has been paid all other service benefits. It has not been asserted by the respondents that there is no regular post of Additional Temporary Clerk. On admitted facts, it must be inferred that the Department treated the petitioner, as a confirmed employee.