IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2130 of 2006 SANJAY KUMAR Versus THE STATE OF BIHAR & ORS ----------- 10/ 16.02.2010 Heard Mr. Shyamdeo Prasad Singh, learned counsel for the petitioner and Mr. Girijesh Kumar, learned assisting counsel to A.A.G. 3. The original petitioner Late Ramsidh Singh had filed the writ petition for payment of his post retiral benefits and other benefits as admissible to a State government employee by counting the entire services rendered under the State Government and the Bihar Industrial Area Development Authority (hereinafter referred to as the ‘Authority’). Facts in brief is that the original writ petitioner was appointed vide memo. no. 1599 dated 14.12.1959 (Annexure-1) on the post of Skilled Artisan (Fitter) in the Department of Industries and Co-Operation, Government of Bihar. Vide order dated 12.5.1960 (Annexure-2) passed by the District Industries Officer, Bhagalpur, the petitioner was relieved from his post to join as a Mechanical Foreman at Darbhanga Industrial Estate, Darbhanga. The petitioner thereafter superannuated with effect from 31.1.1989 upon completion of 58 years while posted in the respondent Authority. An issue came to be raised as to the pensionary entitlements of this petitioner and upon his retirement the original petitioner was granted C.P.F. amount treating him to be 2 in the services of the Industrial Development Authority. The petitioner has filed the writ petition assailing the decision of the respondents in treating him to be an employee of the respondent authority. The petitioner contends that he is entitled for payment of his pension and other pensionary entitlements as available to a State Government employee as admissible under the Bihar Pension Rules, 1950. Learned counsel for the petitioner contends that the issue stands concluded by a Bench decision of this Court passed in C.W.J.C. No. 13821 of 2004 (Upendra Thakur Vs. The State of Bihar & Ors.) dated 7.3.2005 involving identical issues and which came up for consideration before this Court. Learned Single Judge upon consideration of the issue raised, in the backdrop of a Division Bench order passed by this Court in C.W.J.C. No. 5092 of 1991 (Munan Prasad Vs. The State of Bihar & Ors.) dated 20.4.1993 and an order passed in L.P.A. No. 154 of 2004 (Kamal Bansh Narayan Singh Versus the State of Bihar & Ors) dated 12.4.2004 was pleased to allow the writ petition with a direction to the respondents to fix the pension of the petitioner after taking into account the services rendered by the petitioner in the Industries Department as well as Patna Industrial Development Authority since after his transfer to the said department. The judgment of the learned Single Judge in the case of Upendra Thakur (supra) was affirmed in L.P.A. No. 344 of 2005 vide order passed on 10.1.2008 in the light of the 3 affirmation of the judgment of the Division Bench in L.P.A. No. 154 of 2004 by the Supreme Court vide order passed on 28.2.2007 in Civil Appeal No. 1684 of 2005 (State of Bihar & Ors. Versus Kamal Bansh Narayan Singh). In view of the position settled under the judgments of this Court and the Supreme Court, this writ petition is allowed on the same terms and the respondents are directed to re- calculate and re-fix the pension of the petitioner after counting the entire service right from the date of his initial appointment until the date of superannuation and forward the pension and gratuity papers to the Accountant General for necessary authorization. Needless to add that keeping into consideration that this is a case of a deceased employee, the Accountant General would be granting the authorization without any delay and preferably within a period of four weeks from the date of receipt of papers granting sanction of pension and gratuity in favour of the substituted petitioner. The payment towards retiral dues received by the original writ petitioner by way of C.P.F. etc. would be adjusted against the pensionary entitlements payable to the substituted petitioner as a consequence of this order. The writ petition is allowed. S.Sb/- (Jyoti Saran, J.)