IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2804 of 2001 Sri Kamla Kant Singh, Son of late Baburam Singh, resident of Village- Chanchalia, Post- Rajdhani, P.S. Taraiya, District- Saran at Chapra -------- ------ Petitioner. Versus 1. The Bihar School Examination Board, Patna, through its Secretary, Sinha Library Road, Patna- 17. 2. The Administrator, Bihar School Examination Board, Patna, Sinha Library Road, Patna-17. 3. The Secretary, Bihar School Examination Board, Patna Sinha Library Road, Patna-17. ----------- 10. 16.12.2008 Heard Mr. Rajendra Prasad Singh for the petitioner, and Mr. Prashant Kumar Shahi, learned Advocate General for the respondents. The petitioner was a Class III employee of the respondent Bihar School Examination Board. On account of continued absent from the duty he was subjected to a departmental proceeding and was ultimately dismissed by order dated 27.1.2001 (Annexure-1). He would have reached the age of superannuation on 31.5.2003. The matter was taken up on various occasions earlier for consideration and it was adjourned to enable the respondents to compromise the matter. Learned counsel for the petitioner has pointed out various procedural infirmities in the departmental proceeding, which in his submission, render the impugned order vulnerable. Learned Advocate General submitted, without conceding that there may have been certain procedural infirmities, but the charges have been proved leading to the impugned order. The respondents have placed on record their 2 second counter affidavit wherein it is stated that they have no objection if the impugned order of dismissal is set aside with the consequential benefits to the petitioner suggested therein. I have perused the materials on record and considered the second counter affidavit. Learned counsel for the petitioner has, in substance, no objection to the offer made by the respondents. In that view of the matter, the impugned order dated 27.1.2001(Annexure-1) is hereby set aside with the following terms and conditions: (i) The petitioner shall be entitled to arrears of salary from 27.1.2001 to 31.5.2003. (ii) The petitioner was absent from duties from 20.10.1992 to 27.1.2001. The same shall notionally count for commutation of post-retirement benefits. (iii) The said period from 20.10.1992 to 27.1.2001 shall not count for the purpose of earned leave. (iv) The petitioner shall be entitled to the proceeds of Group Provident Fund, Group Insurance, as well as gratuity. (v) The petitioner shall also be entitled to arrears of pension with effect from 1.6.2003. The writ petition is accordingly disposed of. Vinay/ ( S. K. Katriar , J.)