IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11360 of 2005 JAG DAYAL SINGH Versus THE STATE OF BIHAR & ORS ----------- 08/ 09.04.2010 Heard Mr. Rajendra Nath Sinha for the petitioner, Mr. Krishna Kant Singh, assisting counsel to G.P. 5 for the State and Mr. L.P.K. Rajgrihar for the Accountant General. The petitioner seeks a direction from this Court for counting the services rendered by him while under the District Board for the payment of pension and pensionary entitlements. Brief facts of the case is that the petitioner was appointed on the post of Road Muharrir in the District Board under Sahabad district vide letter dated 20.12.1979 of the Rural Development Department. The services of some of the employees working under the District Board were transferred to the Public Works Department. Pursuant to the position aforesaid, the services of the petitioner and some others were transferred to the Public Works Department under the order of Administrator, District Board contained in letter dated 21.3.1980. Indisputably the petitioner superannuated while in the services of the State Government with effect from 31.1.1998. The writ petition has been filed almost seven years thereafter for the relief set out hereinabove. The sole contention advanced on behalf of the petitioner is that the respondents themselves have counted the services rendered by one Anant Singh in the District 2 Board for the purpose of qualifying service for calculation of the pension. He submits that the action of the respondents in ignoring the services rendered by the petitioner with the District Board when admittedly his case as well as the case of Anant Singh are identical, having been transferred from the District Board to the State Government and superannuating therefrom, is patently arbitrary and that the petitioner is also entitled for counting his services rendered in the District Board until his superannuation for the purpose of determination of pension and pensionary entitlements. Learned counsels for the State and the Accountant General jointly referred to an order passed by a Division Bench of this Court in L.P.A. No. 920 of 2002 (Mahendra Ram Vs. The State of Bihar & Ors.) dated 2.9.2002 involving identical issue regarding counting of services rendered by an employee of the District Board transferred to the services of the State Government for the purpose of determination of pension and gratuity. The writ petition of the said employee had been dismissed by the Single Judge and which order was affirmed by the Division Bench holding that the services rendered under the District Board and Zila Parishad cannot be counted for determination of pension. In view of the Division Bench pronouncement, this Court finds no reason to entertain the claim set out by the petitioner and to that extent the writ petition is rejected. 3 The second prayer made in the writ petition relates to non-payment of an amount of Rs. 21,366/- being the balance amount of gratuity authorized by the Accountant General under the authorization dated 8.6.2000 placed on the record of the proceedings and in the counter affidavit filed on behalf of the respondent nos. 2 and 3. Learned counsel for the petitioner submits that the said amount has not yet been paid to the petitioner despite the petitioner having superannuated on 31.1.1998 and the authorization having been issued on 8.6.2000. Having regard to the submissions aforesaid, the Treasury Officer, Buxar is directed to release the said amount to the petitioner without any further delay and preferably within three months from today, if the said amounts have not yet been paid to him. The writ petition is disposed of with the direction aforesaid. S.Sb/- (Jyoti Saran, J.)