IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7842 of 2005 GOPI KRISHNA YADAV Versus THE STATE OF BIHAR & ORS ----------- 03/ 18..02.2010 Heard Mr. Durgesh Kumar for the petitioner and learned counsel for the State and the Accountant General. The petitioner had filed the writ petition seeking direction to the respondents for re-fixation of his pension and pensionary entitlements after taking into consideration his entire service period right from the date of his initial appointment on 3.1.1967 until the date of superannuation i.e. 31.7.2004. The facts of the case in brief is that the petitioner was appointed as an Assistant Teacher in Aided Bhikha Santi Kunji Middle School, Jitapur on 3.1.1967. The school at the relevant time was being managed by a Private Managing Committee and was subsequently taken over under the provisions of the Bihar Non-Government Elementary Schools (Taking over of Control) Act, 1976, (hereinafter referred to as the Act), with effect from 1.1.1971. Learned counsel thus submits that once the school was taken over under the provisions of the Act then his services rendered right from his initial appointment on 3.1.1967 until the take over i.e. 1.1.1971 should have been counted for calculation of his pension and other post retiral 2 entitlements and which has not been done in the case, inasmuch as the said benefits have been calculated with effect from 1.1.1971 by misreading the provisions of the Act. Mr. Alok Kumar, learned assisting counsel to G.A. 1 submits that indisputably the school in which the petitioner was appointed was managed by a private managing committee only to be taken over under the provisions of the Act with effect from 1.1.1971 and thus the petitioner has been treated to be in Government service with effect from 1.1.1971 by correct application of the Act. Learned counsel for the State, with reference to the provisions available at Section 3(2) of the Act, submits that such of the aided elementary schools which were under the management of Managing Committees and whose control were taken over by the Government under the Act, was to be treated as taken over with effect from the date determined by the District Committee in this regard. A number of cases have attracted the attention of this Court in this regard and taking into consideration the various Circulars issued by the Department of Education in this regard it was held that the date on which the school got partial recognition by the Department concerned, would be the date from which the services would be taken over by the State Government for the 3 purpose of calculation of pension and pensionary entitlements. It was further provided that if the recognition was granted subsequent to the appointment of the teachers concerned then the date of appointment would be treated from the date of partial recognition and in case the appointment is subsequent to the partial recognition granted by the State then it would the date of joining by the concerned teacher. The issue was further clarified in the year 1980, 1982 and 1992. Learned counsel appearing on behalf of the petitioner submits that in the present case the partial recognition was granted on 3.7.1968 but he is not in a position to furnish the relevant document in this regard. However, having regard to the issue raised by the petitioner and taking into consideration the Circulars of the State Government on the issue, this writ petition is disposed of with a liberty to the petitioner to raise his grievance before the respondent no. 3, the Director, Primary Education with support of the Circulars of the State Government issued in this regard and who would consider and dispose of the representation of the petitioner by speaking order within a period of three months from the date of receipt of any such representation. Learned counsel submits that even the leave encashment salary has not been paid to him. The said 4 grievance should also be looked into by the respondent no. 3 and if the same has not yet been paid, should be paid within the time stipulated above. The writ petition is disposed of. S.Sb/- (Jyoti Saran, J.)