IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8010 of 2005 MOSTT.BHAGARSANI DEVI Versus THE STATE OF BIHAR & ORS ----------- 03/ 17-02-2010 Heard Mr. Nand Lal Kumar Singh for the petitioner and Mr. Rana Bhupendra Narain Singh, learned assisting counsel to S.C. 10. The petitioner who is widow of Late Ram Ekbal Singh has filed this writ petition for payment of post retiral benefits which would have been admissible to her Late husband who was working as an Assisting Teacher in Primary School, Ramnagar Anchal, Nawanagar, Buxar and expired while in service on 14.5.1971. Learned counsel for the petitioner submits that the widow was not given any post retiral dues. Learned counsel for the State submits that the school of the petitioner was taken over under the State enactment of Bihar Non-Government Elementary Schools (Taking over of Control) Act, 1976 with effect from 1.1.1971. It is stated that the services of only such of the persons were taken over under the Act who were in service on the date of take over. The Act came into force in the year 1976 and when the husband of the petitioner was not alive and thus his services could not be taken over. It is thus submitted that as the husband of the petitioner never became an employee of the State - 2 - Government, he was not entitled to any post retiral benefits. I find substance in the submission of learned counsel for the State. The writ petition is dismissed. S.Sb/- (Jyoti Saran, J.)