IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10252 of 2003 RAM BARAN RAM, S/o late Ram Mohan Ram (since dead and substituted by his heirs) (a) Rekha Kumari (b) Rita Kumari, both wife of Late Ram Baran Ram, all, resident of village Bahadura, P.S. Masaurhi, District Patna … Petitioner Versus 1. THE STATE OF BIHAR, through the Secretary, Agriculture Department, New Secretariat, Vikash Bhawan, Govt. of Bihar, Patna 2. The Director of Agriculture, Agriculture Department, Government of Bihar, New Secretariat, Vikash Bhawan, Patna 3. The Joint Director (Agriculture Engineer), Agriculture Department, Govt. of Bihar, New Secretariat, Vikash Bhawan, Patna 4. The Finance Commissioner, and Secretary, Finance Department, Government of Bihar, Main Secretariat, Patna 5. The Commissioner, Agriculture Department, Agriculture Product, Patna 6. The Sub-divisional Agriculture Officer, Masaurhi, Patna … Respondents. ----------- 4. 12.1.2010 No one appears for the petitioners. Counsel for the State is present. The prayer of the original writ petitioner Ram Baran Ram, who has died during the pendency of this writ application on 10.12.2003 and is sought to be substituted by his two wives Rekha Devi and Rita Kumari as per prayer made in I.A.No. 1667/2004, is confined to counting of length of service rendered by the original writ petitioner in Bihar State Agro Industries Corporation and for taking the 2 aforementioned period into consideration for the purposes of computation of his death cum retirement benefit etc. This Court would find that the original petitioner was appointed initially in Bihar State Agro Industries Development Corporation and subsequently his services alongwith 17 others were placed in the Agriculture Department of the State Government on the post of Demonstrator/ Helper in the pay scale of Rs. 150-425. In the said order dated 23.12.1989 (Annexure 10) it was contemplated that the Government decision with regard to counting of past service rendered by all the employees of the Corporation for the purposes of computation of retirement benefit as also pay protection was to be given in terms of the decision of the Agriculture Department. It appears that no decision was taken, as a result whereof the affected employees of the Corporation since transferred to the Agriculture Department had moved this Court including in C.W.J.C.No. 9690/1992 and C.W.J.C.No. 6385/1994. Both the writ petitions were 3 allowed by directing the respondents to give benefit of pay protection as extended to the other Class IV employees of the Corporation. In that view of the matter, this Court considering the fact that the issue in hand stands settled by the judgment of Division Bench of this Court dated 16th March, 1994 in C.W.J.C.No. 9690/1992 as also the subsequent order of this Court dated 11.7.1995 in C.W.J.C.No. 6385/1994 would direct the respondents to give the same benefit either for the purposes of computation of length of service or fixation of pay as was given to other employees of the Corporation in the aforementioned two writ petitions. To that extent the order, contained in Annexure ‘C’ vide Memo No. 22 dated 5th January, 2004 is hereby quashed and the respondents are directed to consider the length of service of the petitioner for the period 5.8.1967 to 26.12.1989 towards the total services rendered by the petitioner for computation of his pension and other retirement benefit. As a consequence of this order the 4 two widows of the original petitioner will only be entitled for recalculation of pensionary benefits and payment thereof but would not be paid any amount by way of revised salary of the deceased employees save and except that the retirement benefit would be computed and paid by taking into account the total length of service of the original writ petitioner. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/