DAROGA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shambhu Sharan Sharma, learned Counsel for the petitioner, Ms. Nividita Nirvikar, learned Government Pleader No. 16 for f the State and Mr. Raj Nandan Prasad, learned Counsel appearing on behalf of the Accountant General.

(2.) The petitioner was appointed as Darban, a Class-IV post in I.D. Hospital Agamkuan, Patna City, Patna on 6.10.1964. The services of the petitioner was subsequently transferred to Guru Govind Singh Hospital (L.H.V. School), Patna City, where he joined in the year 1964 and superannuated from the same place with effect from 30.6.1999 after serving the department for more than 34 years. It is indisputed that the services of the petitioner had been regularized with effect from 5.1.1973 and thus in the light of the said position, an order dated 25.1.2000 was issued from the office of the Accountant General (Annexure-2), authorizing pension and gratuity with effect from the date the petitioner was brought within the regular establishment i.e. 5.1.1973. The petitioner thus complains that as he had joined the service of the State with effect from 6.10.1964 and had continued interruptedly without any break rendering a total service period of more than 34 years, it is wholly unreasonable on the part of the respondent authorities to have ignored his service rendered for the period prior to 5.1.1973. It is thus said that the entire service period right from his initial appointment i.e. 6.10.1964 may be counted as qualifying service' for the purpose of fixation of pension and other pensionary benefits.

(3.) Learned Counsel for the State and the Accountant-General jointly submit that as the petitioner was brought within the regular establishment with effect from 5.1.1973, hence the pension has been calculated on that basis and that a prayer for pension for counting the service rendered on casual basis with effect from 6.10.1964 until his regularization does not come within the purview of qualifying service as envisaged under the Bihar Pension Rules.