Kishun Dusadh vs The State of Jharkhand

Aparesh Kumar Singh, J.—Heard learned counsel for the parties.

The petitioner is seeking pension after having retired on 30th June, 1998 as Choukidar at Dhanwar Police Station, Giridih. He is said to have joined on the said post in 1966 and was discharging his duties regularly.

The respondents have contested the claim of the petitioner with a specific plea that his services were regularized w.e.f. 1.1.1990 vide letter no. 359 dated 17.1.1990, Annexure A to the counter affidavit. Therefore, the petitioner is not entitled to any pension as per Rules.

Counsel for the respondent-Accountant General has also brought to the notice of the Court the judgment passed by learned Division Bench of this Court in the case of The State of Jharkhand Vs. Ajamber Ahir, , where the stand of the respondent-State on similar issue has been upheld. In the said case the person, who was appointed as a Chowkidar, was regularized in service w.e.f. 1.1.1990 and had superannuated on 31.12.1997 after completing only 8 years of service. The order of the learned Single Judge to the contrary was set aside.

Having regard to the aforesaid legal position upheld by the learned Division Bench of this Court, it appears that the petitioner has no legal right to claim pension from the respondent-State, as he has not completed the requisite number of years for availing the said benefit in terms of the Pension Rules.

Therefore, this writ petition being devoid of merit is, accordingly, dismissed.