IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3380 of 2005 THAKUR SHARMA Versus THE STATE OF BIHAR & ORS ----------- 8. 20.8.2008 Heard counsel for the petitioner. The prayer of the petitioner, who is stipendry teacher, is to allow the benefits of services rendered by him from 20.10.1973 to 31.3.1975 for the purpose of calculation of retirement benefits. Such prayer of the petitioner is hopelessly barred by the vice of delay and laches. In that view of the matter, this Court would not allow the petitioner to agitate any question with regard to his retrospective promotion and/or consequential benefits. This Court, however, would permit the petitioner to claim only retirement benefit by filing a representation confined to counting the length service between 20.10.1973 to 31.3.1975 which would be considered and disposed of by the respondent in accordance with law. It is to be noted that if the petitioner is given the benefit of his entry in service with effect from 20.10.1973, he will be entitled for calculating pension for 30 years of service, whereas if his date of entry is taken to be 31.3.1975 he becomes entitled for calculation of pensionary retiral benefit on the 2 Surendra/ basis of 28 years. Therefore, this Court would direct the respondents to consider this part of the grievance of the petitioner confined only, with regard to counting of service of the aforesaid period for calculation of his pensionary benefit in the light of the judgment of this Court dated 1.5.1995 in C.W.J.C.No. 3633/1994. It is made clear that the petitioner will not be entitled for any monitory benefit for the service period and he will be only benefited, if the representation of the petitioner is allowed, in the matter of fixation of pensionary benefit. The representation so filed by the petitioner for this purpsoe must be disposed of by the competent authority within three months from the date of receipt/ production of a copy of this order. This application is accordingly disposed of. ( Mihir Kumar Jha,J.)