KAMESHWAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, petitioner has claimed for grant of full pension treating him in continuous service since his initial appointment on 9.4.1955 in Gandhi High School Rajpur in the district of Supaul as Assistant teacher.

(2.) IN short, the relevant facts as claimed by the petitioner are that he was appointed on 9.4.1955 in Gandhi High School, Rajpur in the district of Supaul as an Assistant teacher and worked in the said School till 6.9.1979. Thereafter from 7.9.1979 to 30th June, 1996 he worked in Latit Girls Vidyapith, Ganpatganj, Supaul as Assistant teacher, and retired from the said School. The said School got permanent affiliation since 13.12.1979 and was finally taken over by the Government with effect from 4.4.1981. On his retirement he was given compassionate pension for two years and thereafter it was fixed on the basis of services rendered by him from 4.4.1981 to 30.6.96 and not from the date of his initial appointment on 9.4.1955. Thus, his grievance is against the fixation of his pension on the basis of services rendered by him from 4.4.1981 to 30.6.1996 only and not from 9.4.1955 while he worked in Gandhi High School, Rajpur. It is admitted case of the petitioner that he resigned from Gandhi High School, Rajpur and joined at Lalit Girls Vidyapith, Ganpatganj, Supaul.

(3.) LEARNED counsel for the petitioner has submitted that in view of the Finance Department resolution no. 581 dated 15.1.1982 where a teacher has resigned and joined other similar School the period shall not be treated as break in service. In support of the case of the petitioner that he joined Gandhi High School, Rajpur on 9.4.1955 and that on tendering resignation he joined Lalit Girls Vidyapith on 7.9.1979, learned counsel for the petitioner has placed reliance on photo copy of the service book which has been annexed as Annexure -4 series. Thus, according to the learned counsel for the petitioner, the change in School cannot, be treated as break in service and the petitioner cannot be denied of the benefit of the services rendered by him at Gandhi High School, Rajpur.