IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3898 of 2004 RAM VIVEK SINGH, SON OF LATE SRIDHAR SINGH, RESIDENT OF VILLAGE BASUKI BIHARI, P.S. MADHWAPUR, DISTRICT- MADHUBANI. ……….PETITONER. Versus 1. THE STATE OF BIHAR, THROUGH THE SCERETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE ADDL. SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. DIRECTOR, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4. DEPUTY DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 5. DISTRICT EDUCATION OFFICER, MADHUBANI. ………RESPONDENTS. ----------- For the State: Mr. Mithilesh Pathak, G.A-9. 3/ 08.11.2010 No one appears for the petitioner. Counsel for the State is present. In this writ application, prayer of the petitioner reads as follows:- “That by this writ application the petitioner prays for direction upon the respondents to modify the order dated 02.01.2004 by which the petitioner’s services have been counted with effect from 10.05.1971 whereas admittedly the petitioner was appointed on 28.07.1969 and is entitled for counting his services with effect from the said date”. On an earlier occasion, this court after hearing the counsel for the petitioner had passed the following order dated 30.11.2004. “ Mr. Banerjee states that according to the decision of the State Government, the service rendered by an Assistant Teacher at 2 the time when the school is managed by the managing committee is to be counted as qualifying service in case later on such assistant teachers are regularized after undergoing training. Said decision of the State Government has not been placed on record. Mr. Banerjee prays for time. Time granted. List it after a week”. Despite the aforesaid indulgence given to the petitioner in the aforesaid order dated 30.11.2004, no supplementary affidavit has been filed by him till date. Thus there is no material on record to show that a decision was taken by the State Government for counting of previous service of the petitioner as qualifying service. For the purposes of earning pension by its clubbed together with the period of his service under the State Government. Moreover, from the impugned order dated 02.01.2004, it is absolutely clear that when the petitioner was initially appointed on the post of Assistant Teacher by the Managing Committee of Laxmi Janta Uchchya Vidyalaya, Madhwapur on 22.07.1969, he was not possessing the requisite qualification being a trained graduate and he had in fact completed the said training course only on 10.05.1971. In that view of the matter, the order of the Director, Secondary Education in counting his service from 10.05.1971 to 17.03.1974 as a qualifying service for the 3 purpose of pension does not suffer from any infirmity. The petitioner thus cannot get any benefit of the period of his earlier service as he did not possess the requisite qualification for the post of teacher. That being so, this application is wholly misconceived and is, accordingly, dismissed. Ranjan ( Mihir Kumar Jha, J.)