IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10401 of 2005 MUNAN PRASAD Versus THE STATE OF BIHAR & ORS --------- For Petitioner : Mr. Anjani Kumar Sinha and Mrs. Vineeta Sinha, Adv. For A.G. : Mr. Ranjan Kumar, Adv. For State : Mr. Piyush Lal, Adv. -------- 6 06.08.2008 It is admitted at the bar that order passed by a Division Bench in the matter of this petitioner and the respondents authority vide Annexure-3, has become final since neither any review application was filed for review of the order nor any appeal was filed against the same. In the said order, in so many words, the Division bench has given a finding of fact that the petitioner continued to be an employee of State Government till his date of retirement and thereafter the appropriate authority was directed to issue sanction order for payment of retirement benefits of the petitioner to which he is legally entitled. Although earlier an attempt was made in this case to circumvent this order by referring to some order passed by a Division Bench of this Court in the case of some other employee and some order passed by the Hon’ble Supreme Court in some SLP, but now it is admitted at the bar that 2 Annexure-3 is final so far as petitioners case is concerned and therefore entire retiral benefits has to be calculated, settled and paid to the petitioner. In view of the findings of the Division Bench holding the petitioner an employee of the State Government till the date of his retirement learned counsel for the petitioner submits that for final settlement of his retiral benefits and payment thereof, if required, petitioner is ready to refund the C.P.F. amount paid to him along with statutory interest and pension contributions. In the circumstance, the order modifying his pension by excluding his period of service under authority as not pensionable as contained in Annexure-7 is hereby quashed. Petitioner shall be entitled to get his entire service counted as service under the State Government and shall be entitled to all consequential benefits thereof, the arrears in this regard shall be paid to the petitioner. The amount which stands refundable by the petitioner with interest on account of C.P.F. contribution of the employee may be adjusted against the arrears pension of the petitioner or may be adjusted in easy installment from his 3 monthly pension. With the above observations and directions, this writ application is disposed of. Arvind/ ( J. N. Singh, J.)