IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5833 of 2005 SITA RAM s/o late Jaggu Singh, resident of village at Mohalla Baximaidan, Bhitari Gegampur, Patnacity, P.S. Chowk Kala, District- Patna. ….Petitioner Versus 1. THE STATE OF BIHAR. 2. The Secretary, Personal Administrative and Reforms Department, Govt. of Bihar, Patna. 3. The Deputy secretary, Personal Administrative and Reforms Department, Govt. of Bihar, Patna. …. Respondents ----------- For the Petitioner : Mr. Jay Shankar For the respondents: Mr. Vishwajeet Singh, A.C. to A.A.G-14 5 11.5.2011 The original writ petitioner died during the pendency of the writ petition and has been substituted by his wife. A counter affidavit and supplementary counter affidavit have been filed by the State. With the consent of the parties this writ application has been heard for final disposal at this stage itself. The petitioner’s grievance is short and simple. The facts are not in dispute. The petitioner was an Assistant Teacher in a Government Aided Minority School, namely, Sri Guru Govind Singh High school, Patnacity from 16.7.1973 to 7.7.1974. He then appeared in the examination for recruitment in the Bihar Administrative Service through Bihar public Service Commission and upon being selected, on 7.9.1994 he resigned from the school and on 9.9.1974 he joined Bihar Administrative Service. He superannuated in the Senior Selection grade as an Additional District Magistrate on 30.11.1997. - 2 - By this writ petition, which was filed in the year 2005, the petitioner has claimed that his services, as rendered in the Private Government Aided Minority School, be taken into account for calculation of the retiral benefits . On behalf of the petitioner, it is submitted on basis of a notification dated 4.9.1964 issued by the Government of Bihar in the Education Department extending the Provident Fund -Pension (Triple Benefit Scheme) to the employees of Non- Government elementary and secondary schools run, inter alia, by private management. It is stated that as the provident fund and pension scheme as applicable to the State Government employees having been made applicable to the petitioner, petitioner’s services as an Assistant Teacher in the private minority school should be treated as the period spent in government service for the purposes of pensionary benefits.. The State has rejected the petitioner’s claim. Having heard the parties, in my view, the contention, as raised on behalf of the petitioner, is not valid and cannot be accepted. It must firstly be remembered that an employee of a private minority school can by no stretch of imagination be treated as a government servant merely because aid is provided by the government to meet the expenses .The teachers of such schools would not make a State employee. A reference to the notification dated 4.9.1964 (Annexure 4), which is the basis of petitioner’s claim, would itself show that this scheme was extending for pensionary benefits to the employees of private schools, who were being aided by the government. In other - 3 - words, retaining their character as employees of private minority schools for the purposes of their pensionary benefit scheme to that of government employees was made available to them. A reference to the said scheme would also show that the government was conscious that there were two separate set of employees, one the government servant and the other employees of private school. This is clear from clause (4) of the said notification, which is quoted hereunder: “ 4. The rules relating to the preparation of pension papers etc. applicable to Government Servants and the forms at present in vogue for pension purposes will be generally adopted in the case of these persons. In order to distinguish these bills from the bills relating to ordinary pensions, the Superintendent, Government Press, Gaya will print the pension forms for use of employees under this scheme on papers of Pink colour.” ( emphasis supplied.) There is yet another reason i.e. that the petitioner resigned from the post of Assistant Teacher on 7.9.1974 and carried no lien.. He then after a break of a day, on 9.7.1974 joined Bihar Administrative Service. The first service was under a private school and the second under the State, which a day break in between . In view of the aforesaid , the benefits ,as claimed by the petitioner, cannot be granted . The writ petition is accordingly dismissed. singh (Navaniti Prasad Singh,J)