LAL NARAYAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PRESENT application has been filed seeking a direction upon the respondents to pay the petitioner the post retrial benefits, such as pension, gratuity, earned leave, group insurance and G.P.F. with statutory interest after counting the services rendered by the petitioner between 01.07.1974 to 18.03.1981. Petitioner claims to have been appointed as Assistant Teacher on 01.07.1974 on stipend basis. He was allowed to draw stipend @ Rs. 150/-. In the said capacity, he discharged his duties in Middle School Akilpur Anchal of Danapur. The authorities of the State Government, vide office order bearing no.2458 dated 11.07.1975 allowed him to draw matric trained scale with effect from 01.04.1975, as mentioned in the order contained in Annexure-A to the counter affidavit filed on behalf of respondent no.2. The petitioner thereafter was transferred from Middle School Akilpur to some other school in the district of Patna where he joined on 05.09.1975. Subsequently in the light of the order dated 07.03.1981 issued by the Director, Secondary Education-cum-Special Secretary, Govt. of Bihar, Patna, the District Superintendent of Education, Patna, vide memo no.239 dated 18.03.1981 relieved him for joining the High School Nimi Bhabhua, Rohtas and accordingly the petitioner joined the said school on 19.03.1981 and superannuated with effect from 30.09.2006. Three sets of counter affidavits have been filed on behalf of the respondents.

(2.) LEARNED counsel for the petitioner submits that his initial appointment in the Middle Scholl Akilpur was under orders of the authorities of the State, although on stipend basis, should be computed for the purpose of grant of pension and other dues.

(3.) I have considered the submission made by the parties and perused the materials on record. It appears from the reasoned order passed by the Respondent- Director, Secondary Education (Annexure-A to the Counter affidavit filed on behalf of respondent no.2) that part of the claim of the petitioner has already been admitted. The petitioner, however, claims counting of his service with effect from 01.07.1974 and not from 01.04.1975 which has been accepted and allowed by the respondents.