IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8316 of 2009 VISHWANATH PATHAK SON OF LATE BHAWESH CHANDRA PATHAK, RESIDENT OF VILLAGE- PATHAK BIGHA, P.S. JAMHORE, DISTRICT- AURANGABAD, AT PRESENT RESIDING AT ROAD NO.2, POSTAL PARK, P.S. KANKARBAGH, DISTRICT- PATNA RETIRED FROM THE POST OF DEPUTY SECRETARY, GOVT. OF BIHAR. Versus 1.THE STATE OF BIHAR 2.THE SECRETARY, PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 3.THE DEPUTY SECRETARY, PERSONNEL & ADMINISTRATIVE REFORSM DEPARTMENT, GOVT. OF BIHAR, PATNA 4.FINANCE SECRETARY, GOVT. OF BIHAR, PATNA 5.THE ACCOUNTANT GENERAL, BIHAR, PATNA. ----------- 4 09.11.2009 Heard learned counsels for the petitioner, the State and the Accountant General. The grievance of the petitioner is that on account of refusal to count the service of the petitioner between the period 30.03.1974 to 09.06.1980 while the petitioner was working as Block Statistical Supervisor in the department of Planning, Government of Bihar, while he was posted at Manjha, District-Gopalganj. The petitioner was subsequently selected and appointed on the post of Deputy Collector in the cadre of Bihar Administrative Service. The petitioner jointed on the said post on 10th June, 1980 and retired as Deputy Secretary, Cabinet Secretariat Department, Government of Bihar, Patna on 30th September, 2008. It is submitted on behalf of the petitioner that pensionary benefits of the petitioner was required to be calculated taking into consideration the period of service rendered by him as Block Statistical Supervisor, as stated above, however the respondents have settled the 2 pensionary benefits of the petitioner taking into consideration the service rendered by him between 10th June, 1980 to 30th September, 2008 while he was under the Bihar Administrative Service Cadre. It is further submitted that similar matter was considered by this Court in its judgment dated 1st of September, 2009 passed in C.W.J.C. No. 4268 of 2009. The Court directed the authorities to count the period of service rendered in the pension service. It is submitted that the case of the petitioner is squarely covered by the said decision. Therefore, he is also entitled to receive the same treatment. Learned counsel appearing for the State submits that as per the decision of the State contained in memo no. 1191 dated 01.06.2005 vide Annexure-A to the counter affidavit, the petitioner having submitted his application requesting the department to count the previous services for the purpose of calculating the pensionary benefits was received on 07.05.2008 whereas the petitioner was required to file such request by 31st of May, 2007. The same having not done, the request of the petitioner for calculating the previous service for the purpose of calculating the pensionary benefits was rightly rejected as per the impugned letter no. 9639 dated 3rd September, 2008, as contained in Annexure-7. However, 3 he is not in position to refute the submissions that the case of the petitioner is covered by the decision of this Court, as referred to the above. Considering the submissions of the parties and their respective pleadings since the case is covered by a decision of this Court, as referred to the above, the letter no. 9639 dated 3rd September, 2008, as contained in Annexure-7 is, hereby, quashed and the respondents are directed to consider the period rendered by the petitioner as Block Statistical Supervisor between the period 30th March, 1974 to 09.06.1980 in the department of Planning, Government of Bihar, before joining the gazetted post of Deputy Collector under the Bihar Administrative Service for the purpose of calculating the pensionary benefits. It is further directed that the respondents shall issue the necessary revised sanction order for payment of all the admissible pensionary dues of the petitioner in accordance with law expeditiously preferably within a period of four months on receipt/production of the certified copy of the present order. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)