MUNSHI SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner was appointed as Electrical Instructor in ITI, Marhaura (Chhapra) Bihar on 11.9.1975 on the basis of daily wage. He was regularly appointed on 14.8.1981. He got superannuated on 30.4.2002. Thereafter he has been paid his retiral benefits only for the period 14.8.1981 to 30.4.2002 and not for the earlier period during which he worked as an Instructor on Daily Wage Basis.

(2.) SINCE the earlier services rendered by him from September 1975 to 14.8.1981, the date of his regularisation, had not been counted for his retiral benefits, the petitioner filed this writ petition seeking for a direction to the respondents to count his services rendered as Electrical Instructor from 11th September, 1975 to 14th August, 1981 also for his pensionary benefits and his retirement benefits. This writ petition was earlier heard by Justice Permod Kohli, the learned Single Judge. The counsel for the petitioner, on the basis of the judgment rendered by Justice Tapen Sen, the other learned Single Judge of this Court in the case of Laljit Bhuiya v. Bharat Coking Coal Limited and Ors., submitted that the said point has been answered in favour of the petitioner in the said decision and as such the same benefit must be given to the petitioner by giving suitable direction to the authorities, the respondents, for counting the said period also for retiral benefits and pensionary benefits.

(3.) ON the other hand, learned single Judge, Justice Permod Kohli, is of the view that the point in issue is clearly covered under the Supreme Court judgment in K. Madalaimuthu and Anr. v. State of T.N. and Ors. , and as such the correct ratio, as decided by the Supreme Court, is that the past services rendered as temporary basis, cannot be counted for the pensionary benefits or retiral benefits, and the same can be counted only from the date of appointment after regularisation.