CIVIL WRIT JURISDICTION CASE No.3151 OF 2007 ------- In the matter of an application under Article 226 of the Constitution of India ------- Dharmdeo, son of Late Dipnarayan Singh, resident of Village-Chandanpur, P.O. Jamalpur, P.S. Naya Ram Nagar, District Munger. ----- Petitioner Versus 1. The State of Bihar through the Secretary, Secondary Education, Bihar, Patna. 2. The Director, Secondary Education, Bihar, Patna. 3. The District Education Officer, Jamui, District-Jamui. 4. The Headmaster, High School Gidhaur, Jamui, District-Jamui. 5. The Accountant General, Bir Chand Patel Path, Bihar, Patna. ----- Respondents --------- For the Petitioner : Mr.Suman Kumar Mishra For the S t a t e : G. P. 5 For the Accountant General : Mr. Sanjay Kumar P R E S E N T THE HON'BLE MR. JUSTICE SHAILESH KUMAR SINHA --------- Shailesh Kr.Sinha,J. Heard learned counsel for the petitioner and the State as also the learned counsel appearing for the Accountant General. 2. The case of the petitioner is that upon his superannuation on 31st of March, 2002 from the post of Headmaster, High School, Gidhaur, District-Jamui, the payment of retrial dues having not been settled, he approached this Court by filing a writ application vide CWJC No.2956 of 2003. During the pendency of the said writ application, the authorities for payment of pension, gratuity and leave encashment were issued and produced before the Court. The said writ application was disposed of by order dated 12.5.2003 (Annexure 3) with further direction with regard to the payment of G.P.F. etc. However, the petitioner on being aggrieved with regard to the calculation of the pension represented his grievance by filing a representation on 20th of May, 2003, as contained in Annexure 5. Thereafter certain correspondences were made by the Accountant General as would be appearing from Annexure 6, but notwithstanding, the grievance of the petitioner with regard to the calculation of pensionable service was 2 not redressed and, as such, the petitioner filed the present writ application for taking into consideration the service rendered by him as Assistant Teacher in High School, Chandanpura, District Munger between the period 1.1.1966 to 24th of August, 1976 while counting the pensionable service. The pensionable service of the petitioner was counted from 25th of August, 1976 till the date of his retirement i.e., 31st of March, 2002. 3. Learned counsel appearing on behalf of the State submits that on perusal of the copy of the service book as annexed to Annexure A to the counter affidavit and Annexure C to the reply to the petitioner’s rejoinder, it would appear that the petitioner did not work as a Teacher, High School, Chandanpura, Munger till 24th of August, 1976 as claimed by him. Since the petitioner joined in the second School, namely, High School, Durmatta, District Munger on 12th of April, 1973, his claim that the pensionable service should be added for the period 1.1.1966 to 24th of August, 1976 is factually incorrect. 4. The learned counsel appearing for the Accountant General submits that the aforesaid School, i.e., High School, Durmatta, District Munger was granted recognition on 15.12.1976 only and, as such, the petitioner was entitled to get the pensionable service counted with effect from the aforesaid date i.e., 15.12.1976. 5. Learned counsel appearing for the petitioner, in reply, submits that the documents relied upon by the State, as contained in Annexure A and C, both, are factually incorrect. The correct position has been indicated in the letter dated 8.12.2007 written by the Headmaster of the High School, Chandanpura, Munger to the District Education Officer, Munger, as contained in Annexure B to the counter affidavit filed on behalf of respondents no.2 and 3, wherein it has categorically been stated that on perusal of the proceedings of the meeting of the Managing Committee of the said School, vide resolution no. 3/77 dated 29.11.1977, it appears that 3 the petitioner served the said School till 24th of August, 1976. The petitioner has also drawn the attention of this Court to the extract of the service book, as contained in Annexure 8 to the reply to the counter affidavit, having the endorsement of the Headmaster of Chandanpura High School, countersigned by the District Education Officer, Munger with endorsement “verified the services of the petitioner between 9.7.1963 to 24.8.1976”. It is, accordingly, submitted on behalf of the petitioner that since the petitioner had served in the High School, Chandanpura till 24th of August, 1976 and thereafter with effect from 25th of August, 1976, he joined in the second school i.e., High School, Durmatta, District Munger, the period served by him from 1.1.1966 to 24th of August, 1976 in High School, Chandanpura should be counted for the purpose of calculating the pensionable service. 6. Considering the rival submissions of the parties and their respective pleadings, it appears that two sets of documents have been brought on the record, whereby serious disputed question of fact with regard to the period of service rendered by the petitioner in the High School, Chandanpura and the High School, Durmatta is involved. The documents relied upon by the petitioner i.e., Annexure B to the counter affidavit filed on behalf of the State and Annexure 8 filed on behalf of the petitioner indicate that the petitioner had served in the High School, Chandanpura, Jamalpur (Munger) till 24th of August, 1976 whereas the documents, contained in Annexures A and C to the counter affidavit and the reply to the rejoinder respectively, indicate that the petitioner had joined the Durmatta High School, Munger on 12th of April, 1973. As such, both the facts cannot go together. Either the petitioner worked in Chandanpura High School till 24th of August, 1976 or he joined Durmatta High School, Munger on 12th of April, 1973 needs to be factually enquired into. The petitioner although claims that he was selected for joining as a 4 Headmaster in Durmatta High School, Munger in April, 1973 but having found that the said School is not recognized and the work was to be done without salary (honorarium), he did not join and came back to the previous School i.e. Chandanpura High School, Munger. These are all questions of facts, which need to be enquired into in order to ascertain as to what is the period of service rendered by the petitioner in both the above schools, to which the parties are in agreement. 7. Considering the aforementioned facts and circumstances, let the entire matter be enquired into by the Director, Secondary Education, Bihar, Patna (respondent no.2). The petitioner, in order to facilitate the early completion of the enquiry, is permitted to bring all the relevant facts in chronological order by way of representation along with copy of all the relevant documents in support of such claim before the said respondent no.2. In case such a representation is filed within a period of four weeks along with the certified copy of the present order, the same be considered in accordance with law expeditiously, preferably within a period of four months on receipt of such representation and disposed of by a reasoned order, which also be communicated to the petitioner under registered post. Upon consideration, if the representation of the petitioner finds favour, the concerned authority shall simultaneously issue the necessary revised sanction order with regard to the payment of the pensionary benefits to the petitioner accordingly. 8. The writ application stands disposed of with the above observations/directions. No costs. (Shailesh Kumar Sinha, J.) Patna High Court, The 17th of August, 2010. P.N.M. N.A.F.R.