- (1.) THE petitioner in this writ application, has prayed for a direction upon the respondent State of Jharkhand to count his service period from 15th July 1971, till the date of his retirement on 31.1.2000 as the total length of service period for computing his pensionary benefits and to revise the amount of pension payable to him upon such computation, and also to grant him the monetary benefits of first time bound promotion (ACP).
(2.) THE petitioner was appointed as Extra Clerk in the Office of the Sub -Registrar, Latehar on 15.7.1971. He was regularized in service with effect from 21.1.1981. While employed at the Sub -Registry Office at Daltonganj, he superannuated on 31.1.2000. Upon his superannuation, his pension was though fixed, but on the basis of the period of his service calculated from the date of his regularization i.e. from 21.1.1981. The grievance of the petitioner is that his service as Extra Clerk, ought to have been added to the total length of service rendered by him and the respondents having not done this, the amount of pension which has been fixed and is being paid to him, is far below his actual entitlement. Learned counsel for the petitioner while referring to Annexure -A to the counter -affidavit filed on behalf of the State of Bihar, would explain that Annexure -A is a notification issued by the State of Bihar in the year 2003, whereby, in exercise of its power under Rule 59 of the Bihar Pension Rules, the State Government had declared that the past services rendered by the Government servant as Extra Clerk, shall be added to the total length of his service for the purpose of pensionary benefits and the petitioner is entitled to such benefits.
(3.) LEARNED counsel for the respondent State of Bihar submits that by the aforesaid notification, the period of the past services is to be added to the total length of service rendered by the Government servants for the purpose of computing their pension, though such length of service will have no bearing or effect on their promotion.;