KAILASH PRASAD DEO,J. - (1.) Heard learned counsel for the State Mr. ManojTandon, A.A.G.IV and learned counsel for the writ petitioner/respondent Mr. Jalisur Rahman.
(2.) By the impugned judgment, writ petitioner was held to be entitled to pensionary benefits having served the department for 33 years since his appointment on ad-hoc/temporary basis on the post of Clerk cum Store Keeper on 6th May 1980 in the office of the General Manager, District Industries Centre, Chapra and that he had been given the benefits of pay revision from time to time and had also passed the departmental exams. The learned Court took note that an informed decision on the regularization of the services were not taken till after his superannuation. After his superannuation he came to this Court in W.P.(S) No.2859 of 2013. The matter was remanded to the Secretary, Industries Department to take a decision on his representation in accordance with law within a time frame. If the claims were found admissible, admitted amount were directed to be paid with statutory interest within a time frame and if it was not paid thereafter, he would get compensatory interest @ 10% in addition to the statutory interest till it was finally paid. Thereafter, the order dated 14 th August 2014 was passed by the Secretary, Department of Industries rejecting his claim on the ground that he did not fulfill one of the primary conditions under Rule 58 of the Jharkhand Pension Rules, 2000 i.e. that his employment was not against a substantive and permanent post.
(3.) Learned Single Judge considered the stand of the rival parties, took note of decisions taken in the case of other employees such as Nandlal Prasad Singh vs. The State of Jharkhand &Ors. in W.P.(S) No. 1366/2017, Uttam Kumar Das vs. The State of Jharkhand &Ors. in W.P.(S) No.6337/2016 and decided in favour of the petitioner holding as under :- "9. Besides the above, by virtue of continuity in service, pay- revisions and other benefits granted to the petitioner, an inference shall be drawn that the employer has treated the petitioner as a permanent employee for all purposes. 10. By order dated 02.07.2013 passed in W.P.(S) No. 2859 of 2013 which was not challenged by the respondent-State and now it has become final, 10% compensatory interest in addition to statutory interest on the admitted amount has been ordered by this Court. Under letter dated 07.11.1981 in Appendix-6 to the Bihar Pension Rules, 1950 which has now been adopted by the State of Jharkhand and called Jharkhand Pension Rules, 2000, interest @ 5% per annum is payable to an employee on arrears of pension and other post-retiral benefits, three months after it became payable. 11. Considering the aforesaid facts and the law on the subject, the impugned order dated 14.08.2014 is quashed. It is held that conditions under Rule 58 of Jharkhand Pension Rules, 2000 are fulfilled in the case of the petitioner, and accordingly he is entitled for pension which shall be paid to him with interest as indicated hereinabove. 12. In view of letter dated 07.11.1981 which provides recovery of interest payable to the employee from the erring officers, component of the interest payable to the petitioner @ 5% per annum shall be recovered from the Secretary who has passed the impugned order dated 14.08.2014 and others who are responsible for denial of pension to the petitioner. 13. The writ petition is allowed, in the aforesaid terms. 14. Let a copy of the order be transmitted to the Chief Secretary, Government of Jharkhand and the office of the Accountant- General, Jharkhand, for compliance." The appellant-State is aggrieved for the reason that under the impugned judgment, direction has been issued to pay interest @ 5% recoverable from the Secretary who passed the impugned order dated 14 th August 2014 and others who were responsible for denial of pension to the petitioner. ;