RAJENDRA RAM @ RAJENDRA PRASAD Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-2-144
HIGH COURT OF JHARKHAND
Decided on February 08,2008

Rajendra Ram @ Rajendra Prasad Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for a direction on the respondents to count his past services as constable, which he had rendered from 9th January, 1971 to 9th January. 1978 for the purpose of his seniority, leave and pension as per the provisions of Rule 671 of the Police Manual.
(2.) IT has been stated that the petitioner was earlier appointed as Constable in Central Reserve Police Force. He worked in the said police force from 1971 to 1978. Thereafter, he resigned from Central Reserve Police Force and joined Bihar Police Force in 1979. It has been stated that Rule 671 of the Police Manual provides for counting the past period of police service, if a person joins the service after discharge or resignation. In view of the said provision, the petitioner is entitled for addition of his services rendered in the Central Reserve Police Force for the purpose of seniority, leave, pensionary benefits etc. The petitioner filed representation in the year 2000 before the Superintendent of Police, Gumla for appropriate order in view of the said provision of Police Manual. He also made representations to the higher authorities, but till date no order has been passed. A counter -affidavit has been filed on behalf of the Superintendent of Police, Gumla, stating, inter alia, that the petitioner is not entitled to the claim. His past service cannot be counted. Rule 671 relied on by the petitioner is not applicable in the case of the petitioner as he had rendered his services in the Central Reserve Police Force and not in the Bihar Police. Further, the petitioners representation was considered and necessary enquiry was made. From the record of the Central Reserve Police Force, it is evident that in the service of the Central Reserve Police Force, the name is Rajendra Prasad, whereas the petitioner is Rejendra Ram.
(3.) THE name is also different. There was manipulation in the Xerox copy of the document produced by the petitioner and on that ground also petitioners request cannot be accepted. I have heard learned Counsel for the parties and considered their submissions and materials brought on record. Though, the reason has been assigned for not considering the petitioners claim by way of counter - affidavit filed in this writ petition, no reasoned order has been issued by the Superintendent of Police on the representation filed by the petitioner before him. 5 In this writ petition, the petitioner has prayed for same benefit in view of the said provision of Police Manual. Rule 671 of the Police Manual provides for counting the previous period of service rendered in Police Force. The petitioner has claimed that he is the one and same person with alias name Rajendra Prasad, who had worked in Central Reserve Police Force for the period from 9th January, 1971 to 9th January, 1978.;


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