RAMJEE SHARMA Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Seeking exception to an order passed by the learned Writ Court on 16.12.2016 in C.W.J.C. No. 22045 of 2014, this appeal has been filed under Clause 10 of the Letters Patent.

(2.) Appellant was appointed as an Assistant Teacher and after superannuation when full pension after counting the period of service rendered as an Assistant Teacher from 27.01.1969 to 31.05.1970 and from 01.07.1970 to 18.08.1978 was not considered, the writ petition was filed. The Writ Court dismissed the writ petition primarily on the ground that appellant was regularized in the service of the Institute after it was taken over in the year 1970 only in the year 1979 and, therefore, the period prior to that cannot be counted for pensionary benefit.

(3.) While hearing the matter, this Court on 11.07.2017 found that the entire period and the experience gained by the appellant for this period was considered while granting him promotion on the post of Headmaster in K.B. Sahay High School, Sheikhpura, Patna and, therefore, it was observed by this Court that if the period can be counted as service and experience gained for promotion to the post of Headmaster, why the said period cannot be counted for grant of pensionary benefit.