LETTERS PATENT APPEAL No.1545 OF 2000 (Against the Judgment and Order passed by the learned Single Judge in C.W.J.C. No. 10575 of 2000 on 24.10.2000) MOST. BADRU NISHA -------------------------------------- Appellant Versus THE STATE OF BIHAR & ORS --------------------------------------- Respondents -------- For the Appellant : Mr. V. B. Ambastha For the State : Mr. Shashe Bhushan Kumar S.C. - 16 P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH A N D THE HON'BLE MR. JUSTICE C.M.PRASAD J U D G M E N T Barin Ghosh & C. M. Prasad, J.J. According to the appellant, her husband the original appellant, writ petitioner, was functioning as extra Clerk in the Registration Office at Jagadishpur since 2nd July, 1956 whereupon on 9th January 1973, he became a permanent clerk. The original appellant retired on 31st July, 1990. After his retirement his pension was settled taking into account that he entered service on 9th January, 1973. In the result, the services rendered by the original appellant as extra clerk had not been taken into account while calculating pension payable to him. The original appellant approached this court by filing a writ petition seeking a mandamus upon - 2 - the respondents to take into account the period spent by him as extra Clerk for the purpose of calculating his pension. By the judgment and order under appeal, a learned Single Judge has dismissed the writ petition solely on the ground of delay, laches, negligence and acquiescence. While the appeal was pending, the Government came out with a policy decision dated 22nd July 2003 whereby and under it clearly held out that people who have worked as extra clerk for 240 days in a year immediately prior to the date on which he became permanent clerk, the services rendered by him during all such continuous years shall be taken into account as services rendered by him for the purpose of calculation of his pension. While the said decision was taken, it was stated that people who have retired should approach the appropriate authority within a period of 10 months from the date of the said decision to take advantage of the said decision. Inasmuch as the present appeal was pending, the original appellant may not have approached the authority concerned in terms of the said decision of the Government dated 22nd July 2003 within the time specified therein, - 3 - without leave of this Court. For no fault on the part of the original appellant, but for unavoidable circumstances, the appeal could be taken up for hearing only today, when the learned counsel for the appellant brought the aforesaid decision of the Government to the notice of this court. In view of the said decision of the Government taken on 22nd of July 2003, we think we have no other option but to allow appeal, set aside the judgment and order under appeal and also, at the same time, to allow the writ petition with a direction upon the appropriate authority of the State to ascertain for how many years before 9th of January 1973 the original appellant served regularly for 240 days in a year and to treat those years as period of services rendered by the original appellant for the purpose of fixation of his pension. Upon making the above exercise, the pension payable to the original appellant and family pension payable to the appellant be refixed and the difference, if any, in between the actual pension payable and the pension already paid be paid to the appellant. The above exercise must be completed, if not completed already, within a period of six months from the - 4 - date of service of a copy of this order upon the respondent no. 3. It is made clear that the above exercise must be done on the basis of this order and in the light of the decision of the Government dated 22nd July 2003, ignoring that part of the decision of the government which directs making of an application within a period of 10 months from the date of the decision. The Accountant General is requested to issue appropriate authority slip so that the benefits of this order may reach the appellant at the earliest. The appeal is accordingly disposed of. PATNA HIGH COURT, PATNA Dated: 25th July, 2008 Kundan (Barin Ghosh, J.) (C.M. Prasad, J.)