RAGHUNATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the only dispute is as to whether the service rendered by the petitioner in the District Board is to be counted for the purpose of computation of pensionary benefits.

(2.) LEARNED counsel for the petitioner has submitted that in view of paragraph 3 of the Government decision contained in Memo No. 512(14) dated 22.3.1993 (Annexure 2) such service is treated as pensionary services with only one condition that the employee of Zila Parishad is to deposit the provident fund amount received by him from Parishad in one lumpsum. In support of his contention, he relied upon a decision of this Court in the case of Dr. Satyakant Thakur vs. State of Bihar, reported in 1991 (1) PLJR 330, where in the learned single judge has held that the Medical Officers appointed initially by the District Board and later their services taken over by the State Government are entitled to get on the basis of retirement benefits by counting total length of service, including the service rendered by him under the District Board.

(3.) I am unable to appreciate as to how the said order (Annexure A) of the learned single Judge has got any relevance to the facts and circumstances of the present case wherein the State Government itself vide Annexure 3 decided to count the service rendered by a person after 1.4.1949 in Zila Parishad as pensionary service subject to only one condition that such person will have to deposit the provident fund amount received by him from Parishad in one lumpsum in the Government Treasury. Moerover, this view also stands supported by the judgment of this Court in the case of Dr. Suryakant Thakur vs. State of Bihar (supra).