DINESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner, who retired as Permanent Clerk under District sub -Registrar, Munger, is aggrieved on account of denial of the benefit of his service as Extra Clerk from 1951 to 11.10.1972.

(2.) THE question regarding counting of the service as Extra Clerk was considered by this Court in the case of Upendra Prasad V/s. State of Bihar, reported in 1995(2) PLJR 822, in which it has been held that the service rendered as Extra Clerk is also to be counted for the purpose of grant of pension. The said decision has been affirmed in L.P.A. No. 481 of 1997 and also by the dismissal of S.L.R by the Apex Court, as has been noticed in the order dated 8th February, 2000 passed in C.W.J.C. No. 10804 of 1996 and other analogous cases.

(3.) HOWEVER , learned counsel for the State has produced the sanction order issued by the Collector -cum - District Registrar, Munger to the Accountant General, vide order No. 2 dated 28.3.2003 for payment of pension, family pension and gratuity by counting the entire period, including the period of service rendered by the petitioner as Extra Clerk.