IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.45 of 2006 SIDHNATH TRIPATHI Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. D.K.Sinha, Sr. Advocate Mr. Bibhuti Kumar Sinha For the respondent nos.1 to 3: Mr. S.S.Mishra, JC to GA – V --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice C.K.Prasad --- Dated, the 1st September, 2008 The single judge considered the matter thus: “Leaving aside the marginal details the prayer of the petitioner is inherently flawed and cannot be accepted on any ground. It is undeniable that Krishna Nandan Sanskrit High Court was a privately owned and managed school at the time the petitioner worked there. Admittedly that school was finally taken over by the State Govt. as late as in year, 1990 under the provisions of the Bihar Non-Government Sanskrit Schools (Taking Over of Management & Control) Act. It is, thus, evident that from 1.3.1961 till 24.10.1975 the petitioner worked under a private management and he had no relationship of employer and employee with the State Government. A service rendered under a private management can by no stretch of imagination can be added to the period of service under the State Government and for that reason alone the prayer of the petitioner is completely untenable.” 2. Mr. D.K.Sinha, Senior Counsel for the appellant fairly stated that neither the provisions of the Ordinance entitled „Bihar Non-Government Sanskrit Schools (Taking over of 2 Management & Control) Ordinance‟, nor any other rule or government resolution provides that service rendered under a private management shall be counted as service under the State government for the purpose of pension. 3. In this view of the admitted position, consideration of the matter by the single judge cannot be faulted. We concur with the view of the single judge. 4. Letters patent appeal is dismissed. No order as to cost. R.M. Lodha, CJ. C. K. Prasad, J. Neyaz/