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2015 Supreme(Jhk) 54

PRAMATH PATNAIK
Gurusharan Mahto – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sumeet Gadodia, Advocate
For the Respondents: Mr. Prabhash Kumar, CGC.

Judgment :

Pramath Patnaik, J.:

1. In this writ application, the petitioner has, inter alia, prayed for issuance of an appropriate writ (s)/order(s)/direction(s) to the respondents to allow the pro rata pension after reckoning the period of service on Muster Roll from 01.01.1974 to 01.09.1986 and further prays that notwithstanding the order of learned Central Administrative Tribunal in O.A. No. 320 of 2004, prayer of the petitioner for extending the benefit has not been acceded to but the same has been rejected vide Annexure 2 to the writ application.

2. The facts, as revealed and stated in the writ application in a nutshell, are that the petitioner was appointed on Muster Roll for the period 01.01.1974 to 06.04.1977 under Coal Mines Welfare Organization and thereafter from 06.05.1977 to 11.11.1979 on monthly rated scale and basic scale, on which, the petitioner has also availed the Dearness Allowance as applicable under the Coal Mines Welfare Organization. Thereafter, the petitioner was given the post of Fitter from 19.11.1979 to 19.11.1984 and finally merged with Central Coalfields Limited and the petitioner was posted at Jawahar Nagar in Generator Room, Kanke, Ranchi as such the



















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