IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12670 of 2006 Bahadur Singh, Son of Late Ram Pal Singh, resident of Village- Baliyari, Police Station- Hisua, District-Nawadah ------- Petitioner Versus 1. The State Of Bihar 2. The Secretary, Department of Human Resources , Govt. of Bihar, Patna 3. The District Magistrate, Nawadah 4. The Regional Deputy Director, Magadh Pramandal, Gaya 5. The District Education Officer, Nawadah, Bihar 6. The Accountant General, Bihar, Virchand Patel March, Patna ---------------------------- Respondents. ----------- 02 25-04-2011 Heard Sri Abhimanyu Sharma, learned counsel for the petitioner, Sri Iqbal Iashif Neyazi, learned A.C. to Govt. Pleader No.4 , who appears on behalf of Respondent nos. 1 to 5 and learned counsel appearing on behalf of Respondent no.6/ Accountant General, Bihar. The petitioner, who retired with effect from 30.9.2005 as Assistant Teacher from Satya Narayan High School, Narhat, Nawadah had initially prayed for directing the Respondents for fixation of pension and payment of the same, payment of the gratuity amount and Leave Encashment. In this case, a counter affidavit has been filed on behalf of Respondent no.5 i.e. District Education Officer, Nawadah, whereby it has been made clear that all the dues of the petitioner have been cleared. At the time of hearing, Sri Abhimanyu Sharma, learned counsel for the petitioner submitted that during the pendency of the present writ petition, the pension of the petitioner was fixed and he is getting pension and he has already been paid 2 the gratuity amount. However, a dispute was raised by Sri Sharma, that while fixing the pension, initially the date of appointment of the petitioner was ignored by the authorities concerned and instead of treating his service from 30.11.1973 his service has been counted from 4.2.1977, which, according to Sri Sharma, is incorrect. It was further submitted that the petitioner after noticing the fact that his initial service rendered by the petitioner was not counted in fixation of pension, he filed representation enclosing therewith a copy of the service book. However, till date no decision has been taken on his representation. Learned counsel for the State has opposed the prayer of the petitioner. It was submitted that even in reply to the counter affidavit, which has been filed by petitioner, the petitioner has not bothered to bring on record his representation. Accordingly, his claim of the petitioner is fit to be rejected. Learned counsel appearing on behalf of Respondent no.6/ Accountant General, Bihar, Patna submits that authorization has been issued by the Accountant General on the basis of sanction issued by the State Government. In view of the facts and circumstances, particularly the dispute which has been raised by the learned counsel for the petitioner regarding non-consideration of his service rendered from 1973 to 1977, the Court is of the opinion that the petitioner can be granted liberty to file a fresh representation before the Respondent no.5, i.e. the District Education Officer, Nawadah within a period of six weeks from today. If such representation is 3 filed by the petitioner, Respondent no.5 is required to examine the same on the basis of materials available on record including service book of the petitioner and thereafter take final decision within a period of four months from the date of filing of such representation. Even in case of refusal, Respondent no.5 is required to pass speaking order within the aforesaid period. With the above observation and direction, the writ petitioner stands disposed of. NKS/- ( Rakesh Kumar,J.)