- (1.) The petitioner was posted as Executive Engineer at Chaibasa during the period 02.12.1988 to 04.06.1991. During this period work relating to Swarnrekha Multipurpose Project was carried out, for the purpose of which an agreement was already signed on 18.03.1985. In contemplation of a departmental proceeding the petitioner was suspended on 01.12.1994 and thereafter a departmental proceeding for irregularities committed by the petitioner and others when the petitioner was posted at Chaibasa, was initiated on 04.06.1997. The petitioner submitted his reply on 28.06.1997 and in the inquiry it was found that the charges against the petitioner are not proved. However, the disciplinary authority on 31.07.2002 passed the order of dismissal from service. The petitioner filed C.W.J.C. No. 9803 of 1999 (P) challenging order dated 31.07.2002 passed by the Deputy Secretary to the Government of Bihar, Water Resource Department, Bihar. The writ petition was allowed in the following terms, "In this view of the matter, relying on the decision of the Division Bench of this Court in the case of State of Biharversus-Arvind Bijay Bilung & Another the order as contained in Annexure-31 to the writ application passed 31/07/2002 dismissing the petitioner from service is hereby quashed and the matter is being remitted to the Secretary to the Government, Water Resource Department, Government of Jharkhand, to take a fresh decision in the matter in accordance with law. The State of Bihar at its own or on the request of the State of Jharkhand may forward such materials, which are in its possession against the petitioner for taking action against him and the State of Jharkhand on receipt of such materials from the State of Bihar may pass an appropriate order in accordance with law within a period of six months from the date of receipt / production of a copy of this order."
(2.) As no proceeding was initiated against the petitioner by the State of Jharkhand, the petitioner, thereafter submitted representations to the respondents for grant of pension and other retiral benefits to him. However, no decision was taken on the representations of the petitioner and therefore, the petitioner approached this Court by filling the present writ petition seeking a direction upon the respondents for grant of pensionary benefits and for grant of notional promotion on the higher post of Superintending Engineer and the Chief Engineer. During the pendency of the writ petition an order dated 22.01.2008 under Rule 43 (b) of the Bihar / Jharkhand Pension Rules was passed therefore, I.A. No. 638 of 2009 seeking amendment in the prayer of the writ petition was filed, which was allowed by order dated 15.12.2009.
(3.) A counter affidavit has been filed on behalf of the respondents resisting the claim of the petitioner.;