RAGHU NAYAK LAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have prayed for quashing the order dated 10/12/2001, contained in Annexure -20, by which the respondents decided that the Chawkidari Tahsildars would be deemed to be the Government Servants from the date of their absorption in the Government Service and not from the date of their initial appointment.

(2.) THE facts, in short, are that the petitioner no. 1 Raghu Nayak Lal was appointed as Chawkidari Tahsildar on 02/12/1959 and he was given first time bound promotion w.e.f. 25/08/1982 and he retired from service on 01/12/1993. After his retirement, he was given second time bound promotion w.e.f. 23/08/1987 and his pension was fixed @ Rs. 867/ -p.m. with effect from 01/12/1993. The petitioner no. 2 Md. Mazid and petitioner no. 3 Jiblal Ram were appointed as Chawkidari Tahsildars on 03/10/1962. Petitioner no. 2 was given the first time bound promotion w.e.f. 14/10/1985 vide order dated 06/11/1996 and the second time bound promotion w.e.f. 14/10/1988, whereas petitioner no. 3 was given, first time bound promotion w.e.f. 01/04/1981 and second time bound promotion w.e.f. 01/04/1987. The petitioner no. 2 superannuated on 01/10/1998 and his pension was fixed @ Rs. 880/ -p.m., whereas petitioner no. 3 superannuated on 01/02/1998 and he was allowed monthly pension @ Rs. 948/ -p.m.

(3.) IT appears that by issue of letter dated 28/08/1996, contained in Annexure -19, issued by the Department of Revenue and Land Reforms, Govt. of Bihar, the Commissioner, North Chhotanagpur Division, Hazaribagh was informed that the Government, on consideration of the matter, has decided that the Chawkidari Tahsildars would be given the pensionary and other benefits from the date of their initial appointment considering them to be the Government Servants and they would also be entitled to time bound promotion etc. Further case of the petitioners is that several Chawkidari Tahsildars have retired and several are still in service as Revenue Karamchari and they are getting their salaries and pension etc. according to the decisions contained in memo no. 598 dated 25/08/1995 treating them as Government Servants from the date of their initial appointment, i.e. the date on which they were initially appointed as Chawkidari Tahsildars.