PHILLIP TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed seeking a direction against the respondents to quash the order dated 20.8.2005, passed by the District Superintendent of Education, Latehar (respondent No. 3), whereby and whereunder, the petitioner s claim for payment of retiral benefits has been rejected, based on Rule 76 of the Bihar (Now Jharkhand) Service Code, on the ground that the petitioner was absent from 1.3.1988 to 31.5.2005;

(2.) Earlier the petitioner had filed WP (S) No. 2892 of 2004. seeking a direction to accept his joining, which he had submitted on 12.2.2004. This Court vide its order dated 21.6.2004 observed that there was nothing on record to show that the petitioner remained in the Mental Hospital from 1988 to 2005.

(3.) However, this Court finally directed respondent No. 3 to consider the representation of the petitioner and take a decision in accordance with law pursuant to which a decision was taken by respondent No. 3 and vide order dated 20.8.2005, which is under challenge herein. It was directed that the District Education Establishment Committee in its meeting dated 20.8.2005 took a decision that the petitioner, who was absent from 1.3.1988 to 31.5.2005 (the date of retirement), which is 17 years and three months without any notice, was not entitled to any pensionery benefit in view of Rule 76 of the Bihar (now Jharkhand) Service Code.