KRISHNA KANT MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER 'sonly grievance is that the respondent No. 2 by the impugned order dated 30.8.2005 (Annexure 2) has rejected petitioner 'sclaim that his services between 4.7.1961 to 22.12.1967 should be taken into account for purpose of calculation of pension and gratuity.

(2.) ACCORDING to the 'petitioner he worked as an Assistant Teacher in the State Subsidised High School, Bishunpur (Gumla) during the said period. After resigning from the said school he joined Gauri Dutt Mandelia High School, Ratu Road, Ranchi on 5.2.1968 and on attaining the age of superannuation he retired on 31.7.1995 though there was a break in service for about 44. days, but in view of the circular No. 581 dated 15.1.1982 issued by the Finance Department of Bihar Government (Annexure 10), the break in service due to resignation is not to be taken into consideration as per Clause 7 of the said circular. After the matter was remanded by this Court on earlier occasion, the respondent No. 2 has rejected petitioner 'ssaid claim on the ground that it does not appear from the photo copy of the service book that petitioner 'sservices at gumla were approved by the competent authority. It is submitted with reference to the photo copy of the service book (Annexure 7) that the said ground was wrong inasmuch as the services between the said period at Gumla was confirmed by the concerned Headmaster and the same was signed by the then District Education Officer. The letter dated 8th May, 1997 issued by the District. Education Officer, Ranchi (Annexure 9) has also been referred to show that petitioner was validly appointed by the Managing Committee. It was lastly submitted on behalf of the petitioner that in any event such objection cannot be taken after retirement of the petitioner.

(3.) I find force in the submission of the counsel for the petitioner while rejecting petitioner 's claim, the service book and other relevant documents such as Annexure 9 have not been considered. Moreover in view of Clause 7 of circular dated 15.1.1982, the said break of 44 days cannot be taken into consideration.