IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.11352 OF 1998 UMA SHANKAR PATHAK, S/O LATE TIRATHRAJ PATHAK, R/O VILLAGE BHITAHA, POLICE STATION BAIRIYA, DISTRICT WEST CHAMPARAN. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, WEST CHAMPARAN. 3.THE DISTRICT SUPERINTENDENT OF EDUCATION, WEST CHAMPARAN. 4.THE DISTRICT PROVIDENT FUND OFFICER, WEST CHAMPARAN. 5.THE SECRETARY, FINANCE DEPARTMENT, BIHAR, PATNA. 6.THE ACCOUNTANT GENERAL, BIHAR, PATNA. ………………………RESPONDENTS. ----------- 11/ 25.07.2011 No one appears for the petitioner even today. Mr. A.K Pathak, A.C to G.A 4, learned counsel for the State, is however present. Earlier also when this case was called out on 22.07.2011, the petitioner had remained unrepresented. From the pleadings on record it is clear that the petitioner in this writ application has sought a direction for computing of his previous services from 21.08.1964 to 23.07.1985 towards the qualifying service for the purposes of earning his pension. The respondents however, have made this aspect clear in the counter affidavit that earlier temporary appointment of the petitioner in the school 2 under the control of Revenue Department was altogether a separate appointment and such school being run by the Revenue Department was ultimately closed which also led to termination of services of the petitioner. It has also been clarified that the subsequent appointment of the petitioner in Matric trained scale of pay in a government primary schools was made by the District Superintendent of Education by way of fresh appointment on 24.07.1985. That being so, the petitioner cannot claim the benefit of his previous services, inasmuch as, the second condition of Rule 58 of Bihar Pension Rules requiring that the employment must be substantive and permanent would not permit such tacking up of the previous of the petitioner towards qualifying service against a temporary post which also was abolished leading to his termination of service. That being so, there is no merit in the application and the same is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.)