STATE OF JHARKHAND Vs. SHYAMKANT MISHRA

JUDGEMENT

(1.) Heard learned counsel for the State Mr. ManojTandon, A.A.G.IV and learned counsel for the writ petitioner/respondent Mr. Jalisur Rahman.

(2.) By the impugned judgment, writ petitioner was held to be entitled to pensionary benefits having served the department for 33 years since his appointment on ad-hoc/temporary basis on the post of Clerk cum Store Keeper on 6th May 1980 in the office of the General Manager, District Industries Centre, Chapra and that he had been given the benefits of pay revision from time to time and had also passed the departmental exams. The learned Court took note that an informed decision on the regularization of the services were not taken till after his superannuation. After his superannuation he came to this Court in W.P.(S) No.2859 of 2013. The matter was remanded to the Secretary, Industries Department to take a decision on his representation in accordance with law within a time frame. If the claims were found admissible, admitted amount were directed to be paid with statutory interest within a time frame and if it was not paid thereafter, he would get compensatory interest @ 10% in addition to the statutory interest till it was finally paid. Thereafter, the order dated 14 th August 2014 was passed by the Secretary, Department of Industries rejecting his claim on the ground that he did not fulfill one of the primary conditions under Rule 58 of the Jharkhand Pension Rules, 2000 i.e. that his employment was not against a substantive and permanent post.

(3.) Learned Single Judge considered the stand of the rival parties, took note of decisions taken in the case of other employees such as Nandlal Prasad Singh vs. The State of Jharkhand &Ors. in W.P.(S) No. 1366/2017, Uttam Kumar Das vs. The State of Jharkhand &Ors. in W.P.(S) No.6337/2016 and decided in favour of the petitioner holding as under :-