NIZAM AHMAD Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-7-153
HIGH COURT OF JHARKHAND
Decided on July 03,2009

Nizam Ahmad Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD the counsel for the petitioner and the respondents.
(2.) THE petitioner in this writ petition has prayed for the following reliefs : (i) for issuance of a direction to the respondents to pay to the petitioner the amount of enhanced pension pursuant to the revision in the pay scales in the year 1981, 1989 and 1996; (ii) for issuance of direction to the respondents to make notional pay fixation for the year 1981, 1989 and 1996 for revision of pension amount payable to the petitioner; (iii) for direction to the respondents to pay the petitioner the arrear of revised pension which the petitioner would be entitled on the basis of the notional pay fixation for the years 1981, 1989 and 1996, together with interest at the rate of 12 per cent per annum till the date of payment. The case of the petitioner is that he was appointed on the post of Overseer under the respondents in the year 1940 -41. He had been promoted from time to time and he retired on 31.1.1977 from the post of the Chief Estimator in the PWD department of the State Govt.
(3.) AFTER retirement from service on and from 31.1.1997, and after persistent demands for payment of pension, the petitioner was informed by respondents that his service records were not traceable However, a certificate dated 30.8.2005 ( Annexure 2) in respect of his last pay drawn was issued to him in which his pay was shown at Rs. 404/ - per month and on the basis of which his pension was fixed at Rs. 137/ - per month.;


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