IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20884 of 2010 VISHWANATH PRASAD, SON OF LATE ISHARI RAJBHAR, RESIDENT OF VILLAGE DEVKALI, P.S. MOHANIA, DISTRICT KAIMUR AT BHABHUA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, FOOD, SUPPLY & COMMERCE DEPARTMENT, BIHAR, PATNA. 3. THE DIRECTOR, CONSUMER PROTECTION DIRECTORATE, BIHAR, PATNA. 4. THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ROHTAS AT SASARAM. 5. THE DISTRICT MAGISTRATE, ROHTAS AT SASARAM. 6. MANAGING DIRECTOR, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION, PATNA. 7. THE ACCOUNTANT GENERAL, BIHAR, PATNA. ... ... RESPONDENTS. ----------- 2. 4.1.2011. Heard Shri Prashant Sinha, learned counsel for the petitioner, Shri Dr.Abdul Shakur, learned A.C. to S.C.24 and Shri R.S. Pradhan, learned counsel appearing on behalf of respondent no.6 i.e. Managing Director, Bihar State Food and Civil Supplies Corporation, Patna as well as Shri Sanjay Kumar, learned counsel appearing on behalf of respondent no.7 i.e. Accountant General. The petitioner has prayed for directing the respondents to fix and pay the pension and gratuity on the basis of his date of initial appointment i.e. 1.9.1972. The petitioner was initially employee of the Government of Bihar in the office of S.D.O., 2 Bhabhua. Subsequently, he was transferred to Bihar State Food and Civil Supplies Corporation and he served there for a quite considerable time and thereafter, he again was posed in the Government of Bihar. After superannuation, the pension has been fixed treating service rendered by the petitioner in the State of Bihar only and period of his service rendered in the Food Corporation has been excluded. Even his earlier service period spent in the State Government has not been taken into account. Learned counsel for the petitioner submits that in the similar circumstances in a case i.e. C.W.J.C. No.13026 of 2005, this Court has directed the respondents to count the entire period of services for the purposes of fixation of pension. With the consent of the parties, the writ petition is being disposed of with liberty to the petitioner to file a detailed representation before respondent no.2 i.e. Principal Secretary, Food Supply and Commerce Department, Government of Bihar within a period of six weeks from today. If such representation is filed, the respondent no.2 3 N.H./ is directed to examine the same in the light of judgment passed by this Court in C.W.J.C. No.13026 of 2005, which was allowed on 20th November,2008. The said judgment has been brought on record vide Annexure-3 to the petition. The respondent no.2 is required to examine and redress all the grievances of the petitioner within a period of three months from the date of filing of such representation. In case of refusal, the respondent no.2 is directed to pass a reasoned order within aforesaid time. With above observation and direction, the petition stands disposed of. It goes without saying that if sanction order is sent by the Government of Bihar treating the entire period of service of the petitioner, then the Accountant General will issue Authority Slip within a period of one month from the date of receipt of such sanction from the department. ( Rakesh Kumar,J.)