IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5878 of 1997 Abhay Kumar Sinha, son of Sri Dhajadhari Prasad, resident of Ashok Nagar Road No.8, Kankarbagh, Police Station Kankarbagh, District Patna. ------ Petitioner Versus 1. The State of Bihar through the Secretary Co-operative Department, having his office at Vikas Bhawan, Nirman Bhawan, New Secretariat, Police Station Sachivalaya, District Patna. 2. The Finance Commissioner, having his office at Old Secretariat, Police Statioin Sachivalaya, District Patna. 3. The Registrar, Co-operative Department, having his office at Vikas Bhawan, New Secretariat, Police Station Sachivalaya, District Patna. 4. The Joint Registrar (Adult), Co-operative Department having its office at Vikas Bhawan, New Secretariat, Police Station Sachivalaya, District Patna. ------- Respondents ----------- 4 13.5.2011 Having heard learned counsel for the petitioner and counsel for the State, this Court, as with regard to the following relief; “5(a) That the respondents be directed to pay the salary of the post of Senior Audit Officer in the pay scale of Rs. 1600-2780 to the petitioner from 1.12.1989 to 27.3.1990. (b) That the respondents be further directed to count service of the petitioner rendered as Gram Panchayat Supervisor from 25.6.1984 to 30.11.1989 in Directorate of Panchayati Raj under Rural Development Department to the post of Senior Audit Officer in the Co- operative Department. (c) That the respondents be further 2 directed to give the pay protection to the petitioner as per the increment he was given while he was working as Gram Panchayat Supervisor.” and taking into account that the impugned order dated 8.8.1996 is a cryptic order, wherein, all that has been said is that the Finance Department has not concurred with the proposal for payment of salary for the period of training of the petitioner as also counting the services of the petitioner of such period of training towards pensionary service, would deem it expedient to remit the matter back to the Principal Secretary of the Finance Department for passing a reasoned order. While passing the reasoned order, the Principal Secretary of the Finance Department shall take into consideration the case of the petitioner that he was earlier appointed as Gram Panchayat Supervisor on 25.6.1984 and had continued on the said post up to 30.11.1989 before being selected and appointed on the post of Senior Audit Officer in the Cooperative Department. Thus, if there be any Government 3 decision to treat the earlier period of service rendered in the different departments even in the case of fresh appointment in the another department, the Finance Commissioner will reconsider his decision for allowing the petitioner to draw benefit of qualifying service for the period the petitioner had continued as a Gram Panchayat Supervisor. It is, however, made clear that the issue will remain confined to payment of pensionary benefit if the period of service of the petitioner as a Gram Panchayat Supervisor is found to be pensionary in continuity to his appointment on the post of Senior Audit Officer in the Cooperative Department. This application is accordingly disposed of. Rsh (Mihir Kumar Jha, J.)