PRAVIN KUMAR BENUDHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have approached this Court with a prayer for a direction upon the respondents to give the benefits of Government Pension Scheme to the petitioners, which was applicable in the State of Jharkhand before the enactment of Contributory Pension Scheme, 2004, i.e. prior to 01.12.2004 in as much as, the petitioners were selected and appointed to the post of Primary Teachers pursuant to the joint merit list published in November, 2003 but their joining was delayed by respondents and in the meantime Contributory Pension Scheme was came into force. Further prayer has been made to hold and declare that the petitioners were declared successful under the combined written examination held by the JPSC in May, 2003 and results published in Nov., 2003 and as per their joining letter their inter se seniority is to be decided on the basis of the joint merit list of successful candidates published in November, 2003.

(2.) The factual exposition as has been delineated in writ petition is that in pursuance of the public advertisement for the post of teachers in Primary Schools, examination was conducted in the year, 2003. Petitioners were amongst the successful candidates. Thereafter, all the documents for veritification were submitted by the petitioners in November, 2003. Other successful candidates were given appointment letter in the year, 2003 itself, whereas the respondents did not issue the letter of appointment in favour of the petitioners. The names of the present petitioners is at Sl. No.113 and 31 respectively in the joint merit list prepared by the respondents. Pursuant to the above mentioned merit list, appointments letters were also issued in favour of the petitioners but to the misfortune of the petitioner with incorrect names owing to typographical errors. It is further the case of the petitioners that due to the anomaly in the names of the petitioners, the respondents did not accept the joining of the petitioners and the petitioners were left stranded for no fault of their own. Thereafter, fresh appointment letters were issued to the petitioners with their correct names in the year, 2005. On receipt of the fresh appointment letters, the petitioner joined their respective place of posting and they have worked continuously to the satisfaction of respondents. It is stated that on perusal of the last pay withdrawal slip, it appears that the Provident Fund numbers have been issued by the concerned Department and Contributory Pension Scheme, 2004 as introduced by the Govt. of Jharkhand from 01.12004 has been made applicable to the case of the petitioners and also benefits of Pension Scheme to the petitioners have been rescinded. It is specific case of the petitioners that the teachers, who were appointed prior to 01.12004 are eligible for grant of benefits of Pension and the Provident Fund whereas, after the enforcement of Contributory Pension Scheme, 2004, the petitioners have been denied the same benefits. However, on the intervention of the Court, similarly situated persons have been granted the notional date of appointment from the date on which other successful candidates for the post of teachers. Aggrieved thereby, the petitioners represented before the respondents but the respondents are sitting tight over the matter, hence, the petitioners has been compelled to knock the door of this Court.

(3.) At the very outset, Mr. Vishal Kumar Trivedi, learned counsel for the petitioners submits that the issue involved in this writ petition has already been decided by this Hon'ble Court in W.P.(S) No. 1352 of 2007 vide order dated 02.11.2011 (Annexure-7 to the writ petition) and W.P.(S) No.3871 of 2016 vide order dated 04.01.2017 (Annexure-9 to the writ petition) and the case of the petitioners is squarely covered by that order. Learned counsel for the petitioners further submits that this writ petition may also be disposed of in terms of the order passed in W.P.(S) No. 1352 of 2007, granting similar benefits to the present writ petitioners also.