IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8584 of 2007 RAM KEWAL PRASAD SINGH, SON OF LATE BHAGWAT PRASAD SINGH, RESIDENT OF VILLAGE VILLAP, POLICE STATION BIHTA, P.O. BIHTA, DISTRICT PATNA…………………………………………………………………..PETITIONER Versus 1. THE STATE OF BIHAR 2. THE VICE-CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR 3. THE REGISTRAR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR 4. THE CONTROLLER, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR 5. THE AGRICULTURE PRODUCTION COMMISSIONER, DEPARTMENT OF AGRICULTURE, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA-1 6. BIHAR STATE AGRICULTURE MARKETING BOARD THROUGH ITS ‘ADMINISTRATOR’, PATNA………………………………………………….RESPONDENTS ----------- 13. 26.08.2009 After hearing on different dates and filing of several affidavits from both sides, the issue which has now boiled down in this case is with regard to counting of services of the petitioner of period from 12.02.1974 to 21.04.1975 rendered under the Bihar State Agriculture Marketing Board for the purposes of his pensionary benefits. The Marketing Board has certified that the petitioner was in service during that period and thereafter his services were transferred to the Rajendra Agricultural University. The University has accepted that after 22.4.1975 till his date of superannuation, petitioner continued there and after counting - 2 - his services there he has been paid all pecuniary benefits. The only dispute remains as to whether his pervious service rendered under the Marketing Board should also be counted towards his service rendered under the respondent- University for the purposes of pensionary and other benefits. It has not been contended by any party that the petitioner had resigned from the Marketing Board and he was appointed afresh under the University. It is admitted that services of the petitioner were transferred to the University under the valid orders of the concerned authority. The University is having objection in counting this period of his service due to want of his service-book, information about his pay- scale he was drawing during this period and whether he was placed under contributory provident fund scheme or general provident fund scheme. It is admitted that since the petitioner came under the services of the University, his service has been treated as pensionary service and his pension has been fixed accordingly. In the circumstances, this Court - 3 - directs the authority of the University to count the services of the petitioner rendered under the Marketing Board from 12.02.1974 to 21.04.1975 as continuous service and qualifying period for the purpose of pensionary and other benefits in accordance with law. The authority of the University shall make this exercise to take into account service of the petitioner from 12.2.1974 to 21.04.1975 as continuous service and shall revise all his entitlement and pay the same within three months from the date of receipt /production of a copy of this order. As a consequence of revision of entitlement of the petitioner, all the arrears shall also be paid within that period. The writ application is, accordingly, disposed of. B.T (J.N. Singh, J.)