SHAMBHU PRASAD SINHA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2006-4-116
HIGH COURT OF JHARKHAND
Decided on April 19,2006

Shambhu Prasad Sinha Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THE petitioner, who was an Extra Clerk, was later on, appointed as Temporary Clerk on 22nd May, 1981 and ultimately superannuated from the services of the State on 31st January, 2003.
(2.) 2004 (2) JCR 124 (Jhar). It has been brought to our notice that against the aforesaid judgment, passed in the case of Kauleshwar Prasad (supra), the State of Jharkhand has preferred an appeal being LPA No. 488 of 2004, which was heard and disposed of along with another analogous case (LPA No. 512 of 2004) by judgment dated 5th April, 2006, wherein, the Division Bench having gone through the different guideline, issued by the State Government, held that the period, rendered by a person as Extra Clerk, cannot be counted for the purposes of pensionery benefits and thereby, set aside the judgment, passed by the learned Single Judge in the case of Kauleshwar Prasad (supra).
(3.) IN view of the aforesaid judgment dated 5th April, 2006. passed in LPA No. 488 of 2004 State of Jharkhand v. Kauleshwar Prasad and analogous case, the respondents cannot be directed to take into consideration the services, rendered by the petitioner as Extra Clerk, either for retiral benefits or for the purposes of time bound promotion.;


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