- (1.) Heard counsel for the parties.
(2.) The issue involved herein is whether the petitioner is entitled to pension on his retirement from service on the post of Night Guard under the Office of Block Development Officer, Bermo in the District of Bokaro? The respondent No. 3, the Additional Collector cum Nodal Officer, Retirement Grievance Cell, Bokaro has however rejected the claim of the petitioner by the impugned order bearing memo No. 668 dated 17.5.2010 (Annexure-7) on the ground that he has put in only 8 years 6 months and 20 days of service on the date of his retirement i.e. 31.7.2009 and not completed the mandatory 10 years of service as required under the Pension Rules.
(3.) Some relevant facts of the case which are required to be noticed are indicated herein below:- Petitioner was earlier working under the National Coal Development Corporation as Night Guard at Dhori Dak Bunglow. His services were terminated on 11.10.1979 since the possession of the Dak Bungalow was taken over by the then Government of Bihar. Petitioner has made out a specific case at para 5 and 7 of the writ petition supported by a letter No. 573 dated 13.9.1999 issued by the Block Development Officer, Bermo addressed to the Deputy Development Commissioner, Bokaro that he was working in the work charged establishment from 13.10.1979 continuously on the post of Night Guard till 1994. Annexure-2 also indicates that he was paid wages per month at a particular rate from 1979 to February, 1994 and also bonus as a work charged employee. From 1994 wages were stopped. Such contention of the petitioner is accepted by the respondent-State as would appear from para 10 of their counter-affidavit filed on 11.1.2012, which is quoted herein below:- Para 10:- "That with regard to statement made in para 5 to 7 of the writ application it is stated and submitted that the petitioner had worked as work charged (Night Guard) and he had got wages till Feb. 1994 along with Bonus as a work charged employee".;