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P. B. BAJANTHRI, RAMESH CHAND MALVIYA
State of Bihar – Appellant
Versus
Bimal Kumar Roy – Respondent
P. B. Bajanthri, J.—The present Letters Patent Appeal No. 744 of 2021 filed on behalf of the State in which appellants have assailed the order of the learned Single Judge dated 17.02.2021 passed in CWJC No. 18826 of 2018*. Grievance of the respondents no. 1 to 6 in the writ petition are as under:—
“That this is an application for issuance of writ in the nature of writ of certiorari, mandamus or any other appropriate writ or writs, order or direction commanding the respondents to consider the past services of petitioners rendered in non-Gazetted Capacity for pension and gratuity after superannuation from Government Service they discharged duties for more than 30 years and be further pleased to quash the Memo No. 6632(S) 28.08.2018 (Annexure-18) issued by the Deputy Secretary, Road Construction Department, Government of Bihar, Patna by which the order/direction dated 02.05.2018 passed by this Hon’ble Court in C.W.J.C. No. 14304 of 2015 (Annexure-15) has been misinterpreted and refused to follow the direction for payment of pension and other retiral dues to retired employees under Rule 59 of Bihar Pension Rule 1950 including the Government decision contained in Memo No. Pen-1024/69/117
Under Rule 13 thereof, the service that qualifies for pension commences from the date the employee takes charge of the post to which he is appointed either substantively or in an officiating/temporar....
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
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