RAM BAHADUR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONER was initially appointed as clerk in the Collectorate, Muzaffarpur. Subsequently, he was shifted to Civil Court, Muzaffarpur, as stenographer and retired on 31.1.1994. After his retirement the Patna High Court through its letter dated 21.2.1994 extended his service on re -employment for six months. Petitioner served for six months from 18.3.1994 to 17.9.1994. The period of re -employment was further extended for six months from 3.10.1994 to 4.4.1995. For the third time it was again extended for further six months for the period from 26.7.1995 to 25.1.1996. On 11.3.1996 petitioner submitted an application before the District Judge, Mazaffarpur, for fixation of his pension and payment of his other retirement benefits by computing the extended period of service through re -employment as extension of service and also for treating the gap period during his three re -employments as leave without pay. Since no action was taken by the respondent -authorities, this application has been filed for a direction to respondent no. 2, District Judge, Muzaffarpur, for computing the extended period of petitioners service through re -employment as extension of service and the gap period as leave without pay. Petitioner has placed reliance on Finance Departments circular no. 8075 dated 17.8.1978 which relates to payment of leave encashment.

(3.) THE writ petitioner retired on 31.1.1994 and after gap of two months he was re -employed and joined on 18.3.1994. On being re -employed he was placed as lower grade stenographer. Similarly, the second and third re -employment were ordered in his favour.