IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.50 of 2006 DEVENDRA PRASAD SINHA, son of Late Bulkan Rai, resident of Mohalla – Naya Tola Saguna, PO & PS Danapur, District Patna …….. Petitioner Versus 1. THE STATE OF BIHAR through the Secretary-cum- Commissioner, Human Resources Development Department, Government of Bihar, Patna 2. The Director, Primary Education, Government of Bihar, Patna 3. The District Superintendent of Education, Patna Collectorate Compound, Patna 4. Sri Bhanu Prakash, Head Master, Sipahi Bhagat Middle School, Naya Tola, Danapur, Patna 5. District Provident Officer, Patna 6. The Accountant General, Bihar, Patna…. Respondents ----------- 06- 12.5.2009 Heard learned counsel for the appellant, learned Assistant Counsel to Standing Counsel no.VII, and Mr. Rakesh Kumar Singh for the Accountant General. This appeal has been preferred under Clause -10 of the Letters Patent of the High Court of Judicature of Patna, and the appellant is aggrieved by the order dated 2.12.2005 (Annexure 1), passed in CWJC No. 840 of 2001, whereby the writ petition for computation of post-retirement benefits from the expected date, has been rejected. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. The petitioner is a superannuated class IV employee of the Bihar Government. He claims computation of superannuation benefits giving him the benefit of service since 19.3.1960. Respondent no.3 has placed on record his counter affidavit, wherein it is stated that, during the pendency of the present proceeding, the matter has been examined, and the petitioner’s entitlement has been found to be correct. In that view of the matter, - 2 - respondent no.3 has addressed his communication dated 2.5.2009 (Annexure A) to respondent no.6 intimating him that he is entitled to the computation of post-retirement benefits taking 19.3.1960 to be the date of commencement of his service. It appears to us that the relief prayed for by the petitioner (the appellant herein) has been granted. Respondent no.6 is hereby directed to ensure release of the revised pay-slip expeditiously. This Court will be pleased if the entire process is completed within a period of three months from today. 3. The appeal is accordingly disposed of. The Deputy Superintendent of Education, Patna, is present in compliance of the order dated 5.5.2009. His appearance is dispensed with. ( S K Katriar ) ( Kishore K. Mandal ) mrl