IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10306 of 1996 NAGESHWAR SINGH, son of late Jageshwar Singh, resident of village Paswa, P.S. Daudnagar, District Aurangabad … Petitioner Versus 1. THE STATE OF BIHAR through Secretary Department of Agriculture, Govt. of Bihar, Patna 2. The Secretary cum Commissioner of Agriculture Produce, Department of Agriculture, Govt. of Bihar, Patna 3. Director, Agriculture, Bihar, Patna 4. Director Administration cum Deputy Secretary, Department of Agriculture, Govt. of Bihar, Patna 5. Joint Director of Agriculture cum Controller, Weight and Measurement, Department of Agriculture, Govt. of Bihar, Raja Bazar, P.S. Shastri Nagar Town and District Patna-14 6. The Accountant General, Birchand Patel Path, Patna … Respondents ----------- 12. 10.5.2011 Heard counsel for the petitioner. No one appears on behalf of the State. In this writ application the prayer of the petitioner is confined to quashing of an order dated 22.7.1996, whereby and whereunder the petitioner’s date of retirement was retrospectively fixed as 30.9.1985 and he was directed to refund a sum of Rs. 1,25,187.30 paise drawn by him by way of salary for the period October, 1985 to September, 1990. From the reading of the writ application and the submission made by the 2 learned counsel this much becomes clear that the petitioner does not dispute the fact that his date of birth was 1.10.1927 but then as his appointment was made as a Class IV employee and later on absorbed on the post of driver, he could not have been faulted in the matter of continuation of his service, inasmuch as the respondents themselves had allowed the petitioner to continue in service till 30.9.1990. Once this aspect becomes clear there would be no question of refund of any amount of salary paid to the petitioner, inasmuch as the said amount has been paid to the petitioner for his actual working. The impugned order, therefore, requiring the petitioner to refund the sum of Rs. 1,25,187.30 paise is hereby quashed. It is, however, made clear that the petitioner’s date of retirement will be 30.9.1985 and his entire pensionary benefit will be calculated for the period of his service beginning from 25.5.1957 to 30.9.1985, inasmuch as the services rendered by the petitioner after completion of his date of superannuation till the date of his 3 last working will not count towards pensionary payment. The respondents, therefore, are hereby directed to recalculate the pensionary benefit of the petitioner by giving him length of service only for the period 25.5.1957 to 30.9.1985. Let it be made clear that as neither the counsel for State has appeared nor any counter affidavit has been filed by the respondents officials of the State Government and the counter affidavit filed by the office of the Accountant General does not controvert any of the facts mentioned in this writ application, it has to be allowed to the extent indicated above. With the aforesaid observations and directions this application is disposed of. (Mihir Kumar Jha,J.) Surendra/