CHHAYA SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for the issuance of an appropriate writ, order or direction in the nature of mandamus commanding upon the respondents to immediately recalculate and pay the pension money and all the retiral dues after counting the entire period of service from 21.8.1968 i.e. the initial date of appointment of the petitioner alongwith statutory interest, as other similarly situated employees had already been provided and to quash the order dated 21.5.2007 vide memo no. 93(2) passed by the respondent No.2.

(2.) THE short point in issue for consideration is as to whether petitioner is entitled to the retiral dues for the entire period of service which, according to him is from 21.8.1968 till date of retirement. The fact remains that the Management was taken over in the year, 1979 and the retirai dues was paid on the basis of calculation from the date of its taking over.

(3.) BE that as it may, the law in this regard is well settled and this issue is no more res integra. The counsel for the petitioner referred to and relied upon the judgment passed in the case of State of Bihar vs. S.A. Hassan and Am. reported in (2002)3 SCC page 566 [: 2002(2) JLJR (SC)109]. The observation as made by the Hon'ble Apex Court is quoted below: -