AMARESHWAR SAHAY, J. - (1.) THE petitioners have prayed for quashing the order dated 10/12/2001, contained in Annexure -20, by which the respondents decided that the Chawkidari Tahsildars would be deemed to be the Government Servants from the date of their absorption in the Government Service and not from the date of their initial appointment.
(2.) THE facts, in short, are that the petitioner no. 1 Raghu Nayak Lal was appointed as Chawkidari Tahsildar on 02/12/1959 and he was given first time bound promotion w.e.f. 25/08/1982 and he retired from service on 01/12/1993. After his retirement, he was given second time bound promotion w.e.f. 23/08/1987 and his pension was fixed @ Rs. 867/ -p.m. with effect from 01/12/1993. The petitioner no. 2 Md. Mazid and petitioner no. 3 Jiblal Ram were appointed as Chawkidari Tahsildars on 03/10/1962. Petitioner no. 2 was given the first time bound promotion w.e.f. 14/10/1985 vide order dated 06/11/1996 and the second time bound promotion w.e.f. 14/10/1988, whereas petitioner no. 3 was given, first time bound promotion w.e.f. 01/04/1981 and second time bound promotion w.e.f. 01/04/1987. The petitioner no. 2 superannuated on 01/10/1998 and his pension was fixed @ Rs. 880/ -p.m., whereas petitioner no. 3 superannuated on 01/02/1998 and he was allowed monthly pension @ Rs. 948/ -p.m. The case of the petitioners is that in the year 1984, the Government of Bihar took a decision that all the Chawkidari Tahsildars working in the North and South Chhotanagpur division will be absorbed on the posts of Revenue Karamchari in Anchal Office and no fresh appointment would be done on the post of Revenue Karamchari till all the Chawkidari Tahsildars are adjusted and, accordingly, the petitioners, who were appointed as Chawkidari Tahsildars were absorbed as Revenue Karamchari. Further case of the petitioners is that by letter dated 04/09/1986 (Annexure - 14), the Joint Secretary, Department of Revenue and Land Reforms, Govt. of Bihar communicated the decision of the State Government to the Commissioner, North and South Chhotanagpur respectively, that all the Chawkidari Tahsildars, absorbed on the post of Revenue Karamchari, would be given the benefits of pension, gratuity, time bound promotion etc. from the date of their absorption on the post of Revenue Karamchari. It is stated that against this order, contained in Annexure - 14, the petitioners filed CWJC No. 3594 of 1993 (R), before this Court praying therein that the Chawkidari Tahsildars be declared Government Servant from the date of their initial appointment and not from the date of their absorption as Revenue Karamchari. The said writ petition was disposed of by giving liberty to the petitioners to file representation before the authorities concerned to decide the question involved in the said writ petition within a period of three weeks.
(3.) IT appears that by issue of letter dated 28/08/1996, contained in Annexure -19, issued by the Department of Revenue and Land Reforms, Govt. of Bihar, the Commissioner, North Chhotanagpur Division, Hazaribagh was informed that the Government, on consideration of the matter, has decided that the Chawkidari Tahsildars would be given the pensionary and other benefits from the date of their initial appointment considering them to be the Government Servants and they would also be entitled to time bound promotion etc. Further case of the petitioners is that several Chawkidari Tahsildars have retired and several are still in service as Revenue Karamchari and they are getting their salaries and pension etc. according to the decisions contained in memo no. 598 dated 25/08/1995 treating them as Government Servants from the date of their initial appointment, i.e. the date on which they were initially appointed as Chawkidari Tahsildars.;