IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7228 of 2005 BHAGWAN SINGH, son of late Chatani Singh resident of village-khan Kulipur, Police Station Arwal, District Arwal Versus 1. THE STATE OF BIHAR 2. The Executive Engineer, Tube Well Division, Gaya ----------- 4 10.02.2010 Heard Mr. Santosh Kumar Sinha-2 learned counsel appearing on behalf of the petitioner and Mr. Rajesh Kumar learned A.C. to A.A.G.6 for the State. The issue raised in the writ petition is whether the continuous services rendered by the petitioner as a daily wage employee against the post of Choukidar from the date of his appointment on daily wage i.e. 17.4.1973 until his regular appointment on 31.12.1978 i.e. a period of 5 ½ years, should be counted towards pension and pensionary entitlements. Admitted position is that the respondents have paid the pension and pensionary benefits to the petitioner treating his qualifying service from the date of his regularization with effect from 1.1.1979 until his date of superannuation on 31.7.2002 i.e. a period of about 24 years. The petitioner claims that the period of service rendered by him as daily wage employee 2 continuously from the date of his initial appointment on 17.4.1973 until his regularization should also be counted as pensionable services. Learned counsel relies upon the decision of this Court rendered in C.W.J.C. No. 3193 of 2003 (Rajpati Prajapati versus State of Bihar) dated 23.5.2003. That was a case of seasonal employee who was being appointed intermittently. Subsequently his services were regularized. Relying upon a Division Bench decision of this Court passed in L.P.A. No. 1343 of 1998 dated 5.1.1991 (State of Bihar & Ors. versus Chandrika Rai and Ors.) the bench held that since the services rendered by the said seasonal employee was itself the basis for his regularization, hence the respondents could not ignore that period of service for the purpose of calculation of his pensionary entitlements which was the very basis for his regularization. The case of the present petitioner as compared to the said case of a seasonal employee is on a much better footing. The petitioner indisputably since his appointment as daily wage employee on 17.4.1973 until his regularization on 1.1.1979 followed by his retirement on 31.7.2002 has served continuously without any break and has 3 been paid by the State Government. Such continuous service of about 5 ½ years rendered by the petitioner cannot be treated as a waste and specially when the same was a relevant factor and also the foundation for his regularization in service. The petitioner certainly is entitled for inclusion of the said period as qualifying service for pension and pensionary benefits. Thus, having regard to the accompanying circumstances in the backdrop of the judgment of this Court passed in L.P.A. No. 1343 of 1998 and C.W.J.C. No. 3193 of 2003 (supra) I hold that the petitioner would be entitled for counting his entire period of service right from the date of his initial appointment i.e. 17.4.1973 until his superannuation on 31.7.2002 for the purpose of calculation of his pension and pensionary entitlements. Needless to add that the respondents would recalculate the pension of the petitioner and pay the pension and pensionary benefits of the petitioner together with arrears within a period of three months from the date of receipt/production of a copy of this order. The writ petition is allowed. Bibhash (Jyoti Saran, J.)