IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9220 of 2003 SURAT SHARAN SRIVASTAVA, son of late Satya Sharan Srivastav, resident of Mohalla Mahajan Toli No.1, in the Steet of K.B.Sahay, P.S. Ara Town, District Bhojpur (Bihar) … Petitioner Versus 1. THE STATE OF BIHAR 2. The Excise Commissioner, Bihar, Patna 3. The Assistant Excise Commissioner, Bhojpur 4. The Deputy Commissioner Excise, Patna cum Magadh Division, Patna 5. The Superintendent of Excise, Bhojpur (Ara) … Respondents. ----------- 5. 8.1.2010 Heard Mr. Pushkar Narain Shahi,learned counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “(i) Issuance of a writ/writs/order/orders in the nature of mandamus commanding the respondent authorities to regularize the services of the petitioner since 13.9.1973. (ii) Issuance of a writ/writs/ order/orders to pay all the dues to the petitioner since 1973 which is admissible in the eyes of law.” Mr. Shahi at the outset with reference to the stand taken by the respondents in their counter affidavit would submit that now when the respondents have regularized the services of the petitioner 2 from 22.7.1979 and have treated the period thereafter to be pensionable the grievance of the petitioners remains reduced by taking into account also the period of 13.9.1973 to 21.7.1979 for which the petitioner may be given leave to file representation and lead evidence that for the said period also he had worked and was thus entitled for its being treated as quantifying service in terms of Bihar Pension Rules. Mr. Shahi in this context would explain that service breaks, if any, in the said period of 1973 to 1979 are within the permissible condonable limits in terms of Rule 103 of the Bihar Pension Rules. In view of the aforesaid very fair stand of Mr. Shahi coupled with the fact that the petitioner is a retired army personnel and was inducted in the Government service against the ear-marked 10% quota, this Court would allow such prayer of Mr. Shahi by directing the respondents to consider the remaining part of the grievance of the petitioner as with regard to computation of the period between 1973 to 1979 towards the qualifying service for the 3 Surendra/ purposes of payment of retirement benefit. In order to expedite the matter this Court would give liberty to the petitioner to file a compact representation alongwith the evidence and the respondents would be under obligation to dispose of the said representation by a speaking order. It is made clear that if the respondents find the petitioner to be entitled for either full or any part of the period computable towards the total length of service and the qualifying service the retirement benefit of the petitioner so fixed at present on the basis of his services from 22.7.1979 shall be redetermined and the balance amount payable, if any, shall also be made available to the petitioner. The entire exercise must be completed within a period of nine months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) 4