IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5235 of 2006 1. MUZAFFAR IMAN 2. PHNINDRA PRASAD VERMA Versus THE STATE OF BIHAR & ORS ----------- 06/ 14.10.2009 Heard learned counsel appearing on behalf of the petitioners and Md. Arif learned Assisting counsel to S.C. 4 and learned counsel appearing for the Accountant General. The petitioners are seeking direction from this Court for counting their services rendered as Extra Clerk in the respondent department as qualifying services for the purpose of fixation of their pension and other retiral dues. They also question the legality of the order bearing memo no. 2378 dated 22.7.2003 (Annexure-1) in so far as Clause 5 thereof requires the extra clerks to establish that they have rendered service of 240 days in all such years which is to be counted as qualifying service for fixation of pension etc. The office order dated 11.12.2004 (Annexure-2) rejecting the claim of the petitioners is also under challenge. The parties are in agreement that this matter is squarely covered by the judgment and order rendered in C.W.J.C. No. 5050 of 2005 (Bihar Rajya Nibandhan Bibhag Arajpatrit Karamchari Sangh & Ors. Versus The State of Bihar & Ors.) dated 8.4.2009, copy whereof was served on the counsel appearing on 2 behalf of the State to verify the position. A Bench of this Court vide judgment dated 8.4.2009 (supra) has been pleased to quash the said Clause 5 of the resolution bearing memo no. 2378 dated 22.7.2003 (Annexure-1 herein) which required the Extra Clerk of the Registration Department to establish that he had rendered 240 days of service in a year for the purpose of counting the said service towards calculation of his post retiral dues. Following the decision of this Court in the case of (Bihar Rajya Nibandhan Bibhag Arajpatrit Karamchari Sangh & Ors. Versus The State of Bihar & Ors.), (supra), this writ petition is allowed, the office order dated 11.12.2004 (Annexure-2) is set aside and the respondents are directed to take into account the services rendered by the petitioners as Extra Clerk for the purpose of fixation of the pension and other pensionary benefits. The writ petition stands allowed. S.Sb/- (Jyoti Saran, J.)