IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.440 of 2008 ADITYA NARAYAN SINGH . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 18/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was appointed as an assistant teacher in a Government aided and recognized High School at Patratu and served in that capacity from 6th of August, 1969 till 4th of March, 1974 when he joined the Bihar Administrative Service on 6th of March, 1974. He superannuated from the Bihar Administrative Service on 30th of January, 2005. The issue for consideration in this application is whether the services of the petitioner rendered in the Government aided High School shall be computed for his pension benefits. That the school was Government aided and recognized is beyond the pale of controversy on an enquiry held for verification by the respondents. Learned counsel for the petitioner submits that the service rendered in the government aided school was regulated by the Bihar Non-Governmental School Employees Provident Fund-Insurance-Pension (Triple Benefit Scheme Rules) Rules, 1964. By a fresh notification dated 30.8.1980, it was only family pension 2 and gratuity which has been supplemented to this also notification of 1964 and, therefore, the impugned order of rejection dated 16.3.2005 that the very scheme had been brought into existence with effect from 1.4.1978 under the notification dated 30.8.2008 was not sustainable. Prima facie, this Court finds justification in the claim of the petitioner. The counter affidavit of the respondents in paragraph-9 is evasive and does not consider these aspects at all. The impugned order dated 16.3.2005 is set aside and the matter is remanded to respondent No.3 to pass a fresh reasoned and speaking order in the light of the aforesaid discussion disclosing full application of mind to facilitate judicial review, should the need arise. Let this exercise be done within a maximum period of three weeks from the date of receipt/production of a copy of this order before him. The application stands disposed. KC ( Navin Sinha, J.)