IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5119 of 2005 ***** Ram Chandra Singh, son of Late Mukhram Singh, resident of Village-T.B.Hospital, P.O. and P.S.- Koeilwar, District-Bhojpur. …. …. Petitioner Versus 1. The State of Bihar through the Secretary, Health Department, Government of Bihar, Patna. 2. The Commissioner cum Secretary, Health Department, Government of Bihar, New Secretariat, Patna. 3. The Director, Health Services, New Secretariat, Patna. 4. The Civil Surgeon-cum-Incharge T.B. Hospital, Koeilwar, District-Bhojpur. 5. The Superintendent, T.B. Hospital, Koeilwar, District-Bhojpur. 6. The Accountant General, Bihar, R. Block, Patna. …. …. Respondents ----------- 3. 6.2.2009. Petitioner’s grievance is that while working out retiral dues by the respondents, his earlier service as from 15.12.1959 has not been taken into consideration by the respondents. They have only calculated the period of service from the date of regularization till his superannuation. His contention is that the respondents are precluded from doing so because the matter whether the earlier period rendered by the petitioner even as a contingent worker is not a matter of dispute with regard to other employees. On of the case of Md. Feku vs. State of Bihar & Ors., C.W.J.C. No. 7317 of 2003 vide order dated 11.8.2004, the Court directed the respondents to calculate even this period of service for calculation of pension. Even this Court in the case of Hiralal Choudhary, C.W.J.C. No. 26 of 2006 vide its order dated 28.11.2007 has granted relief in similar terms in the earlier order of the Court had been upheld by the Division Bench as well as the Hon’ble Supreme Court. The issue being no longer a debatable issue in any manner, the writ application is allowed. Respondents are directed to treat the - 2 - service of the petitioner from 15.12.1959 till the period of his regularization for the purpose of pension. They are further directed to forward the recommendation and authorization for revision of pension accordingly preferably within a period of four months from the date of communication/production of a copy of this order. The writ application is allowed. Pawan/- (Ajay Kumar Tripathi, J.)