Bacho Singh vs State of Jharkhand and Others

S.J. Mukhopadhaya, A.C.J.

This writ petition has been preferred by petitioner for direction on respondents to count his period of service from 1st July, 1962 to 31st December, 1966 for the purpose of fixation of final pension and other retrial benefits.

The case of the petitioner is that he was initially engaged on 1st July, 1962 as Surveillance worker in the Malaria office at Katihar. He was allowed increment and higher grade but was retrenched on 31st December, 1966. Subsequently, the retrenched employees were given fresh appointment. The petitioner was also given fresh appointment as Surveillance worker in the Malaria office vide order contained in Memo No. 3402 dated 20th June, 1979 and admittedly retired on 31st August, 1999. It appears that the petitioner earlier moved before this Court in W.P. (S) No. 5570/03 for grant of final pension but the aforesaid plea was not taken nor any such grievance was made in the said writ petition. After the Court''s direction dated 19.11.2003 when the pension has been finalized now the second writ petition has been preferred to count the period aforesaid.

Admittedly, the petitioner was retrenched on 31st December, 1966 and for more than 12 years he was not in service. After about 13 years he was given fresh appointment by order dated 20.06.1979. In the circumstance, earlier period cannot be counted for the purpose of payment of retrial benefit and other dues.

There being no merit, this writ petition is dismissed.