RAMAYAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, who retired from the post of Office Superintendent of Mahatma Gandhi Memorial Medical College, Jamshedpur, on 31.1.1998 after attaining the age of superannuation, has filed this writ application praying for directions to the respondents to pay him pension and pensioner benefits after counting his service from the date of his initial appointment, i.e. the service rendered by him prior to the College in question was taken over by the State Government under Private Medical Colleges Taking Over Act, 1977. This question has now already been decided by the Supreme Court in the case of State of Bihar vs. S.A. Hassan & Anr. reported in 2002 A.I.R. SCW 1055 [: 2002(2) JLJR (SC)109] as well as by this Court in a batch of cases, namely, W.P.(S) No. 1545 of 2003 (Bishwanath Choudhary vs. The State of Jharkhand and Others); W.P.(S) No. 2152 of 2003 (Dr. Surendra Prasad vs. The State of Jharkhand and Others); W.P.(S) No. 4179 of 2003 (Nitya Ranjan Banerjee vs. The State of Jharkhand & Others); and W.P.(S) No. 5719 of 2003 (Mrs. G. Mary vs. The State of Jharkhand & Others) disposed of on 14.12.2009. The present case is squarely covered by the aforesaid two decisions wherein it has been held that the employees of the Mahatma Gandhi Memorial Medical College, Jamshedpur, shall not get the benefit of their past service rendered in the college prior to its taken over by the State Government in the year 1979.

(2.) THE case of the petitioner is exactly on the similar footing to that of Bishwanath Choudhary, Dr. Surendra Prasad, Nitya Ranjan Banerjee and Mrs. G. Mary (supra) and, therefore, no relief can be granted to the petitioner.