An employee's service cannot be deemed broken due to the employer's failure to absorb them properly, violating natural justice principles; service must be counted for pension and related benefits.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the Petitioner praying therein for following reliefs: -

i. For issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in the nature of certiorari for quashing the part of the notification dated 20.06.2009 issued under the order of the Respondent No. 3 so far as it relates to giving an imaginary date of absorption as the Respondent University have absorbed the service of the Petitioner from the date of notification that is 20.06.2009 and not from 29.11.1986 (date on which all the similarly situated person have been absorbed) in contravention of the judgement passed by the Hon’ble Supreme Court of India in Civil Appeal No. 6098/97 accepting the recommendation made by the S.C Agrawal Commission in totality and also in lieu of the fact that the name of the Petitioner appeared in the list of non-teaching staff working against sanction post out of which all other have absorbed w.e.f. 29.11.1986;

ii. To hold and declared that in view of the memo number 717 dated 01.12.2008 the service of the Petitioner ought to have regularized w.e.f. 30.04.1986 i.e. date of sanction post or the date on which similarly situated employees have been absorbed w.e.f. 29.11.1986

iii. For issuance of an appropriate writ(s), order(s), direction(s) or a writ in the nature of certiorari for quashing the notification dated 09.06.2018 issued under the signature of Respondent No. 3 wherein the approval of pay fixation for 6th Pay Commission was sanctioned in favour of the Petitioner with effect from 20.06.2009 instead of the effective date of 6th Pay Commission, adopted by the Respondent State from 01.01.2006

iv. For issuance of appropriate writ(s), order(s), direction(s), or a writ in the nature of certiorari for quashing the finding forming part of the service record of the Petitioner, reproduced in the reply letter dated 09.08.2017 bearing number RTI/333/17; to the RTI application so filed by the Petitioner before Public Information Officer, Ranchi University dated 13.05.2017 which was received by the Petitioner whereby and whereunder without providing any opportunity of hearing the nine years of service of the Petitioner has been treated to be break in service, that too post retirement of the Petitioner under Rule 28 of the CCS Pension Rules, even when the Rule itself provides that in case there is no remarks in regard to break in service the same shall be considered to be continuous service and in the present case the Petitioner has worked without any break-in service

v. For issuance of an appropriate writ(s), order(s), direction(s) or a writ in the nature of mandamus for a direction upon the Respondent to fix the pension of the Petitioner according to pay fixation under 5th Pay Revision which has been adopted by the Respondent State w.e.f. 01.01.1996

vi. For issuance of an appropriate writ(s), order(s), direction(s) or a writ directing the respondents to pay all consequential benefits re-fixing the date of grant of actual financial benefits under 5th pay w.e.f. 01.01.1996 and that of 6th pay w.e.f. 01.01.2006 and also directing upon the Respondent to re-fix the Pension of the Petitioner.

vii. For issuance of appropriate writ(s), order(s), direction(s), or a writ in the nature of certiorari for quashing the notification contained in Memo no. Estt/EC/49-54/13 dated 30.01.2013 whereby and whereunder the Notification contained in Memo No. RU/VC/R/503/09 dated 20.06.2009 was partially amended and the services of the