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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Ramchandra Ravidas, son of late Jamuna Das – Appellant
Versus
State of Jharkhand through the Secretary, Department of Animal Husbandry and Fisheries, Govt. of Jharkhand, Nepal – Respondent
| Table of Content |
|---|
| 1. timeline of petitioners' service and termination. (Para 3 , 4 , 5) |
| 2. state's lack of obligation towards prior service benefits. (Para 6) |
| 3. supreme court precedent on fresh appointments. (Para 8) |
| 4. final ruling on dismissing the writ petition. (Para 9) |
JUDGMENT :
SRI ANANDA SEN, J.
1. Heard learned counsel for the parties.
2. In this writ petition, the petitioners have made the following prayer:
“for issuance of a writ in the nature of writ of mandamus commanding the respondents to count the services rendered by the petitioners from the date of their initial appointment in the year 1988 and 1991 till 09.11.2005 and reappointment on 18.07.2011 till their attaining the age of superannuation from the post of Technical Assistant as pensionable service and consequently grant pension, gratuity and other post-retirement benefit to the petitioners and also for grant of other consequential relief for which the petitioners are entitled in accordance with law.”
3. The brief facts of this case is that the petitioners were appointed as Technical Assistants in the Frozen Semen Bank Project, Animal Husbandry Department on temporary basis on 26.10.1988 and 09.05.1991 respectively. On 2
Fresh appointment negates counting of prior service for pension; benefits are not owed to reappointed employees per legal precedent.
The petitioners cannot claim regularization of their services from the date of initial appointment and were entitled to count only half of their service rendered in consolidated pay posts for pension....
Temporary service rendered by petitioners must be counted for pension benefits under the Andhra Pradesh Revised Pension Rules, 1980, as established by precedent.
The court held that ad-hoc service cannot be counted as qualifying for pension benefits under the New Pension Scheme, as the initial appointments were not made per the relevant rules.
Recognition and weightage of specific court orders in matters of service regularization and retirement benefits.
Temporary appointments do not confer the right to claim preferential treatment for retrospective regularisation, and the conduct of a special competitive examination for absorption can impact the ent....
The court reaffirmed that seniority cannot be granted retrospectively from an earlier appointment date when it adversely affects validly appointed recruits.
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