IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.428 of 2009 TAUD KHAN, son of Late Jahuddin Khan, resident of Mohalla- Nayatola, P.O. & P.S.- Phulwarisharif, District- Patna. ….Appellant/Petitioner Versus 1. The State Of Bihar 2. The Secretary-cum-Commissioner, Department of Finance, Govt. of Bihar, Patna 3. Under Secretary, , Department of Finance, Govt. of Bihar, Patna 4. Sub-Registrar (Accounts) , Department of Finance, Govt. of Bihar, Patna & 5. Accountant General, Govt. of Bihar, Birchand Patel Path, Patna. …Respondents/Respondents ----------- 4/ 09.07.2009 Heard the parties. There is no dispute that the authorities have later on admitted the mistake on their part in superannuating the writ petitioner/appellant on 30.6.1997 on account of mistake, whereas, he should have superannuated on 31.3.1999. On account of delay on the part of the appellant in filing a representation in the matter, which appears to have been filed on 10.8.1998, the writ court did not direct for payment of entire salary for the aforesaid period and instead awarded only compensation/cost quantified at rupees fifty thousand. We are of the view that besides the aforesaid compensation/cost of rupees fifty thousand, the writ petitioner/appellant deserves one more relief. For the purpose of calculating his pension, he shall be deemed to have continued in service till 31.3.1999. The notional benefit of such continuance in service shall be taken into account to finalise his pension. If the pension sanctioned to the writ petitioner/appellant needs revision on that account, the same must be done within a period of three months - 2 - from today. The appeal is allowed to the aforesaid extent. JA/- (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.)