- (1.) The petitioner has challenged the order dated 19.03.2009 passed by the Secretary, Water Resources Department, Government of Jharkhand whereby and whereunder the claim of the petitioner for payment of post retiral dues has been rejected, has approached this Court.
(2.) Learned counsel for the petitioner has submitted that the petitioner was appointed under the work charge establishment on 15.01.1980 as 'Godown Chowkidar', prior to that he was engaged on daily wages in work charges establishment between 10.03.1973 to 31.03.1975. It has been submitted that the petitioner has been engaged under work charge establishment by a letter being Memo No. 208 dated 06.10.1986 issued by Assistant Engineer, Minor Irrigation Department, Senha, Lohardaga and since then he has performed his duty under the work charge establishment and ultimately superannuated from service after attaining age of 58 years.
(3.) Learned counsel for the petitioner submitted that the petitioner had earlier approached this Court vide W.P.(S) No. 3132 of 2007 for his grievance with respect to the payment of post retiral dues on the ground that his case comes under the purview of a judgment of Full Bench passed in case of "Ram Prasad Singh v. State of Jharkhand and Others and analogous cases", 2005 3 JCR 9 (Jhr.) (FB). It has been submitted that authorities has not considered the case of the petitioner and rejected the claim vide order dated 19.03.2009. It has been submitted by the learned counsel for the petitioner that the petitioner has performed under the work charge establishment and as such he ought to have given the post retirement dues in view of the ratio decided by this Court in the case of Ram Prasad Singh . It has been submitted that the petitioner has worked against one post of 'Chowkidar' which was sanctioned.;