IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12706 of 2003 BHIKHAR PASWAN Versus THE STATE OF BIHAR & ORS ----------- 4 25.09.2008 The short fact of the case is that the petitioner was appointed as Chowkidar on 18.7.1983 and continuously worked as such. His services along with services of other Chowkidars were taken over by Government w.e.f. 1.1.1990. Petitioner retired from service on 31.1.1995. Earlier petitioner’s pensionary benefits were fixed and he was paid a sum of Rs. 22,287/- as provisional pension. When the case of the petitioner was considered by the respondents for final sanction of pension, it was discovered that the petitioner had not completed ten years qualifying service in the regular establishment of the Government and therefore, he was not eligible for grant of pension. It was found that prior to 1.1.1990 the Chowkidars and Dafadars were not Government servants and therefore, it was held that the period of service of the petitioner as Chowkidar could not be counted for computing the qualifying service of the 2 petitioner for grant of pension. An order was passed by the respondents on 22.7.2003 vide Annexure-8, in this regard which has been challenged in this writ application. A counter affidavit has been filed in which the said legal position as recorded in the impugned order of the collector has been reiterated. The petitioner has drawn the attention of this Court to an order of a Bench of this Court in the case of Sri Parmeshwar Paswan Versus The State of Bihar and Others reported in 2008 (2) PLJR 762 in which in somewhat similar circumstances the matter of that petitioner was remitted back to the authorities for reconsideration taking note of the fact that the Chowkidars and Dafadars were paid from Government exchequer right from 1977. In the said order Rule 13,56, 58 and 59 of the Bihar Pension Rules and Rule 6 of the Liberalized Pension Rules were also noticed. It was also noticed that in terms of Rule 59 Government has necessary discretion to take into account service rendered between 1977 and 1999 for the 3 purposes of qualifying service of pension. Since by the said order, under similar circumstances, one matter has been remitted back to the respondent authorities to the State Government for consideration for including the period 1977 to 1999 rendered by Chowkidars and Dafadars for counting services for the purpose of qualifying service, it will be fit and proper that this matter is also remitted back to the State Government for reconsideration. Hence, this matter is also remitted back to the State Government for reconsideration in view of the observations made by this Court in the earlier order as referred to above. So far as recovery of the said amount of 22,287/- is concerned, learned counsel for the petitioner submits that the same has not yet been recovered from the petitioner. Hence, the recovery is stayed till the final decision on the matter. The respondents are also directed to consider that in the facts and circumstances of this case whether any recovery could be made from petitioner in view of the ratio laid down by 4 the Full Bench in the case of Ram Binod Singh Versus The Bihar State Electricity Board and Others reported in 2007 (3) PLJR 398. The application is thus disposed of with above observations and directions. For deciding the case of this petitioner also the respondents shall adhere to time limit fixed by this Court in the earlier order. Arvind/ ( J. N. Singh, J.)