IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5262 of 2005 DEVENDRA SINGH @ DEVANDRA, son of Late Ram Raj Singh, resident of Village Ariyaon, P.S. Dumraon, District Buxar, at present Village Virpur, P.O.Nachap, P.S. Dumraon, District Buxar. ----Petitioner Versus 1. The Bihar State Electricity Board, through its Chairman, Jawahar Lal Nehru Marg, Patna. 2. The Secretary, Bihar State Electricity Board, Jawahar Lal Nehru Marg, Patna. 3. The Joint Secretary, Bihar State Electricity Board, Patna. 4. The Finance Controller, Bihar State Electricity Board, Patna. 5. The Executive Engineer, Electric Supply Division, Buxar. ----Respondents ----------- For the Petitioner : Mr. Dhrub Narayan, Sr. Advocate with Mr Jitendra Pd. Singh, Advocate For the Board : Mr Vinay Kirti Singh, Advocate ---------- 8. 13.8.2009 Heard the learned counsel for the petitioner and the respondent-Board. The petitioner is aggrieved by Office Order no.4244 dated 28.8.2001, as contained in Annexure 2. The grievance of the petitioner is that the pensionary benefits of the petitioner has been settled taking into consideration the length of service of 13 years only whereas the petitioner has served for a period of 22 years in the respondent-Board and prior to joining the service of the Board, he has served for a period of 20 years in the Military Service and is receiving the pensionary benefits. The learned counsel for the petitioner submits that the petitioner is entitled to receive the pensionary benefits by calculating 2 his services rendered in the Board i.e., 22 years and accordingly the petitioner is entitled to all the pensionary benefits. Mr Vinay Kirti Singh, learned counsel appearing on behalf of the respondent-Board submits that the petitioner while joining the service of the Board did not give an option of forgoing the pension which he has been receiving from the Military Service in order to get the full pension from the Board. That having not done, the petitioner is only entitled to pensionary benefits from the Board calculating the length of service of 13 years only since the total length of service being 42 years inclusive of the Military Service, however, it cannot be more than 33 years under the Bihar Pension Rules for the purpose of calculating the pensionary benefits. At this stage, the learned counsel for the petitioner submits that the respondent-Board, while passing the aforesaid impugned office order, as contained in Annexure 2, did not take into consideration the relevant facts and also the provisions contained in rules 169, 170 and 172 of the Bihar Pension Rules and also rule 19 of the Central Civil Services Pension Rules. Learned counsel, however, submits that even though the respondents have rejected the representation of the petitioner, as contained in Annexure 2, the petitioner proposes to file another representation for consideration of his case before the competent authority of the Board. In the above circumstances, in case the petitioner files representation, as submitted, before the Secretary, Bihar State Electricity Board (respondent no.2) within a period of four weeks, the 3 petitioner would be provided with an opportunity to place his grievances either in person or through his authorised representative/Advocate, and the representation be disposed of in accordance with law expeditiously, preferably within a period of four months on receipt of such representation. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)