ATMA NAND SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for an order/ direction to the respondents to add the period of service of the petitioner while he was posted as an Assistant Teacher in S.S. High School, Baghmara (Dhanbad) for drawing full pension along with other relief/ reliefs for which the petitioner was found entitled.

(2.) The brief facts leading to this application are as follows: The petitioner was initially appointed on 1 -11 -1957 at S.S. High School, Baghmara (in short 'School -1') as an Assistant Teacher and since then he was in regular service without any stigma till 31st December, 1970. The petitioner's service was also approved by the Sub -Divisional Education Officer, Baghmara (Katrasgarh) vide his Memo No. 213/3 -A -N -61, Katrasgarh dated 31st January, 1962 (Annexure -1). The aforesaid School was given opening permission and permanent recognition by the Secretary, Secondary Education Board, Bihar, Patna vide his letter No. 15192/96 Patna dated 31st August, 1961 and Memo No. 3132 Patna dated 20th February, 1962, (Annexures -5 & 5/A) respectively. It is further contended that the petitioner was appointed as Headmaster in D.P.L.M. High School, Nawagarh (in short 'School -2') and he joined there on 1 -1 -1971 and since then he was in service regularly without any stigma. The Secretary, Secondary Education Board, Bihar, Patna, granted the opening permission to School -2 on 24 -11 -73 vide his Memo No. 69705 -707 dated 21 -1 -1974 (Annexure -9). The School -2 was recognised on 30 -1 -1980. with effect from 1 -1 -1980 by the order of the Chairman, Bihar Secondary Education Board, Patna, vide his Memo No. 857 -63 Patna dated 30th January, 1980, It is further contended that this School -2 was nationalised by the Government of Bihar vide its Memo No. 1999 Patna dated 2 -10 -1980 (Annexures -10 & 10/A). It is further submitted that the petitioner retired from service on 31 -12 -1994. The competent authority sanctioned his previous service and also two annual increments. But, the Respondent No. 12 A.G. (A & E) -II, Bihar, Patna, refused the aforesaid two increments and ordered for recovery of all amounts by his order dated 4 -1 -1995 which is apparent from the order of the Deputy Secretary of the Government vide his Memo No. 2345 Patna dated 22 -8 -1997. It is contended that the aforesaid orders of the respondents are illegal, arbitrary and mala fide. It is further submitted that earlier the petitioner moved before this Court in C.W.J.C. No. 2691 /96(R) which was heard by Hon'ble R.N. Prasad, J. who by his order dated 1 -10 -1996 directed the petitioner to file a detailed information annexing the relevant documents before Respondent No. 3 Director, Bihar Secondary Education, Amrapali Bhawan, Patna, within a period of 15 days and also directed the Respondent No. 3' that in case such a detailed claim is filed before him by the petitioner, he will consider whether the petitioner is entitled for the retirement dues or not and if he comes to a conclusion that the petitioner is entitled for the same, the entire arrear dues must be paid to him within three months (Annexure -1). Accordingly, the petitioner tiled a detailed claims regarding adding his service while he worked at School -1 for pension papers. But, the aforesaid claim was partially rejected and partially granted by Respondent No. 3. It is further submitted that the Respondent No. 3 has granted him provisional pension, according to disposal of his detailed claim as per last pay certificate. It is further submitted that the petitioner has been deprived of his lawful dues and hence he has filed this application for necessary directions/orders. Subsequently, the petitioner also filed a supplementary affidavit stating that he has served School -1 from 1 -11 -1957 to 31 -12 -1970 and after 31 -12 -1970 he was on leave without pay from 1 -1 -1971 to 31 -12 -1972. The petitioner, therefore, submitted that he is entitled for retiral benefits from the date of his initial appointment till date of his retirement as there was no break in his service,

(3.) No counter -affidavit has been filed on behalf of the respondents.