IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16020 of 2005 NAWAL KISHORE SHARMA Versus THE STATE OF BIHAR & ORS ----------- 3. 19.5.2010. Heard Mr. Mithilesh Kumar Rai for the petitioner, Mr. Himanshu Kumar, Assisting Counsel to G.P.5 for the State and Mr. L.P.K.Rajgrihar for the Accountant General. The only issue which requires consideration is whether the services rendered by the petitioner as seasonal receipt clerk (Rasid Lipik) until his regular appointment against the post of Lower Division Clerk in 1976, would be counted as qualifying service for the purpose of calculation of pension and pensionary benefits. The issue is no more res integra and stands concluded by a judgment and order of this Court passed on 10.11.1998 in C.W.J.C.No.9547 of 1997 (Chandrika Rai and ors Vs. State of Bihar and ors), whereby it was held that such of the seasonal employee whose services were not terminated and were allowed to continue until their respective regularization in the Irrigation department against the substantive post, would be entitled to count the services rendered by them as a seasonal Muharrir as qualifying service for the purpose of pension and 2 pensionary entitlements. The decision of the learned Single Judge passed in the case of Chandrika Rai was affirmed by a Division bench in appeal preferred by the State of Bihar giving rise to L.P.A.No.1343 of 1998 which was dismissed by the Division bench by order dated 5.1.1999. The Division bench while affirming the order of the learned Single Judge, held that the very service rendered by the seasonal employee which formed the basis for his regularization against the sanctioned post, could not have been ignored in the matter of calculation of pension and pensionary entitlements. Even the Special Leave Petition preferred by the State of Bihar bearing Civil Appeal No.2707 of 1999 was dismissed by the Supreme Court by order date 28.2.2002. The case of this petitioner is no different. He was appointed as seasonal receipt clerk in the office of the Deputy Collector, Revenue Division, Water Resources Department, Muzaffarpur in the year 1971 which was followed by his regularization against the post of Lower Division Clerk vide order bearing memo no.2876 dated 4.12.1976. The petitioner was thereafter appointed in the Secretariat Assistant Cadre in 1994 and superannuated on 3 28.2.2005. Admitted position is that the pension and pensionary entitlement of the petitioner has been calculated by the respondent authorities with effect from the date of his regularization in 1976 until his superannuation on 28.2.2005 but the service rendered prior to 1976 have been ignored on grounds of having been rendered in Seasonal capacity. Thus following the decision rendered in the case of Chandrika Rai, the writ petition is allowed. The respondents are directed to recalculate the pension and pensionary entitlements of the petitioner with effect from the date of his initial appointment as seasonal receipt clerk in December, 1971 until the date of his superannuation on 28.2.2005 together with the consequential benefits flowing there from and make payment of the same together with the arrears after adjusting the amount(s) received by him, within a period of three months from the date of receipt/production of a copy of this order. ahk (Jyoti Saran, J.)