IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.966 of 2007 In (CIVIL WRIT JURISDICTION CASE 13241/2006) Lalan Kumar Jha, S/o Late Madan Mohan Jha, resident of village+ P.O.- Manjhaul, P.S.- Cherya, Bariyarpur, District- Begusarai at present retired Assistant Teacher of Janata High School Chandpura, P.O.- Chandpura, P.S.- Neema Chandpura, District- Begusarai ….. Appellant Versus 01. The State Of Bihar through the Commissioner-Cum- Secretary, Department of Secondary Education, Human Resources Department, Bihar, Patna 02. The Director, Secondary Education, Bihar, Patna 03. District Education Officer, Begusarai 04. Accountant General, Birchand Patel Path, Patna, Bihar ---------------------------------- 06. 16.09.2011 I.A. No. 4280 of 2011 For the reasons stated in the Interim Application the same is allowed. Registry is directed to correct the name of the appellant. The claim of the appellant seems to be with regard to non-payment of his pension for the period he rendered the service in the private school. According to him the school was taken over by the Government on 02.10.1980 whereas the school was established from 01.06.1976 and it was recognized w.e.f. 05.07.1978. The State Government has granted him pensionary benefit from the date of its recognition i.e. 05.07.1978, but however the learned Single Judge has not agreed with the contention 2 raised by the petitioner-appellant herein holding that the date of permanent recognition of the school is relevant for the purpose of grant of pensionary benefit. Being aggrieved by such finding of the learned Single Judge the petitioner-appellant herein has chosen to question the said finding in the present Appeal. Learned counsel appearing on behalf of the appellant has submitted that the two Division Bench of this Court have already held that the teachers of the recognized school are entitled for the pensionary benefits for which his past services have also to be counted. In the reported judgments i.e. 2004 (3) PLJR 683 (Deoraj Sharma Versus State of Bihar & Others), the Division Bench has held that the teachers of the school taken over by the State Government who are put in a recognized service and come on pay roll from the date of their past services have to be considered for the pension within the knowledge of the State. In another judgment reported in 2007 (2) PLJR 239 (Shyam Kishore Singh Versus State of Bihar & Others) the same view has been rendered by the Division bench of this Court. The learned Single Judge has also followed the same principle in an unreported judgment in C.W.J.C. No. 3 1046 of 2006 dated 28th March, 2011. In view of the catena of decision covering the subject matter of this L.P.A., we are of the opinion that the order of the learned Single Judge has to be set aside and the L.P.A. has to be allowed following the same terms of the judgment cited (supra). Accordingly this L.P.A. is allowed. However, there shall be no order as to costs. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)