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S. N. PATHAK
Manju Sharma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N.PATHAK, J.
Heard the parties.
2. The original petitioner has approached this Court with a prayer for quashing the memo No. 190 dated 08.11.2019 issued by Civil Surgeon-cum-Chief Medical Officer, Bokaro, whereby he has rejected the claim of petitioner for his retiral benefits.
Further prayer has been made for quashing the reasoned order as contained in memo No. 15/J-07-04/2015-513 (26) dated 09.03.2016 passed by respondent No. 3 whereby he has held the appointment of original petitioner as irregular and illegal and as such, the benefits of promotion given to him is not as per law and as such, he is not entitled for retiral benefits as well as arrears of salary and other allowances.
3. Shorn of unnecessary details, the petitioner was appointed as Clerk in the office of Civil Surgeon-cum-Chief Medical Officer, Dhanbad vide memo No. 1312 dated 28.12.1982 on temporary basis for three months. Thereafter, his service was extended for further one month purely on temporary basis vide order contained in memo No. 477 dated 24.03.1983. It is the further case of petitioner that while continuing to discharge his duties, an advertisement was floated in the daily newspaper namely, ‘Awaaz
Appointments must be validated through due process; wrongful termination without fair hearing violates Article 311 rights, making the claim for retiree benefits legally enforceable.
Pension and retiral benefits cannot be claimed for absent periods of service without active engagement or duty, affirming ‘No Work, No Pay’ principle.
Allegations of forgery must be substantiated by due process; denying retirement benefits without proper enquiry is unjustified, especially posthumously.
The main legal point established in the judgment is the requirement for regular appointment against sanctioned posts and the need for proper procedure and fair selection in conformity with the Consti....
The rejection of benefits must be based on a proper application of mind, and disciplinary action must be conducted expeditiously with appropriate evidence.
Reinstatement after acquittal does not automatically entitle a dismissed employee to back wages for the dismissal period, particularly if the dismissal was grounded on conviction.
Dismissals from service upheld due to misconduct; appointments not conferring rights due to violation of recruitment procedures. Legality and fairness in employment processes must align with statutor....
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