ANADI PRASAD SINHA Vs. STATE OF JHARKHAND THROUGH PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF JHARKHAND, RANCHI

JUDGEMENT

(1.) Heard the parties.

(2.) This writ application has been filed for quashing the order as contained in Memo No. 376 dated 11.12.2008 whereby on account of petitioner being found guilty of the charge in a departmental proceeding, a sum of Rs. One lakh has been ordered to be recovered from the amount of gratuity. Further, order dated 14.5.2007 (Annexure-3) issued by the Secretary, Water Resources Department, Ranchi under which date of joining has been taken to be 25.4.1972 in stead of 29.1.1970 for the purpose of counting length of service for pension has also been sought to be quashed. Consequently, prayer has been made to direct the Authority to refund the said amount of Rs. One lakh.

(3.) Learned counsel appearing for the petitioner submits that if is the case of the petitioner that the petitioner was appointed as Overseer in work-charged establishment of the Water Resources Department, Biharsharif on 29.1.1970 on a regular pay-scale of Rs. 160-10-200-10-400. After more than a year, petitioner's services were regularized in a regular cadre on 5.4.1971 and since then he worked as Overseer till 24.4.1972. On 25.4.1972 the petitioner's post of Overseer was re-designated as Engineering Assistant and this date i.e. 25.4.1972 is being considered by the Government under order dated 14.5.2007 (Annexure-3) as the date of initial appointment for the purpose of t" counting the length of service for pensionable purpose, which is not in consonance of the provision of law, as the petitioner right from 29.1.1970 was in regular service and was drawing salary in regular pay scale.