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2006 Supreme(Jhk) 613

PERMOD KOHLI
Raj Mani Tiwary – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner: Mr. PC. Tripathy.
For the State : Ms. I. Sen Chaudhary.

Order

Petitioner was initially engaged as a Chowkidar in the State of Bihar. In the year 1984, the State Government took a decision to depute these Chowkidars for tax recovery as Government Servants vide Circular dated 7th November, 1984. This was followed by another decision dated 25th August, 1995, whereby the Chowkidars, who were working, were to be granted the benefit of Pension from the date of their initial appointment. Petitioner also got promotion and thereafter retired from Government service on 31st January, 1996 on attaining the age of superannuation. Petitioner was paid all the retiral benefits including the pension calculated from the date of his initial appointment in the year 1958. He continued to receive his pensionary benefits till the issuance of the impugned order dated 10th of December, 2001 whereby the entitlement of the petitioner to receive pensionary benefits from the date of his initial appointment was curtailed and withdrawn and it was directed that such Chowkidars will be entitled to the pensionary benefits from the date of their regular appointment/absorption in the Government service. This order appears to have been issued pursuant to a Circular No. 1578


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