IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5833 of 2005
SITA RAM
Versus
THE STATE OF BIHAR & ORS
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3 3.2.2011 I.A. No. 56 of 2011:
This interlocutory application has been filed for
substituting the name of Most. Shanti Devi, the wife of the
petitioner who died during the pendency of the writ petition on
1.7.2009. The name of the children are not mentioned. In any
event wife of the deceased petitioner represents the cause.
The interlocutory application is allowed.
The petitioner joined the Bihar Administrative Service
in 1974. After his retirement he filed an application before the
State Government that his pension should be recalculated on the
basis of the previous services rendered by him from 16.7.1963 to
7.9.1974. This claim is based on a notification issued on 4.9.1964
by which persons working as Assistant teachers in Non-
Government Elementary or secondary schools whether run by the
local body of private management would be entitled to
contributory provident fund, pension or gratuity. The petitioner
claims and it is perhaps undisputed that he was working as
Assistant teacher in Shri Guru Govind Singh Secondary School,
Patna City, a minority school recognized and aided by the State
Government. The prayer of the petitioner is that his services for
the period 1.1.1964 to 8.9.1974 should be clubbed along with his
tenure of services in the Bihar Administrative Service for the
2
purpose of calculating his pension.
A counter affidavit has been filed on behalf of the
State in which it has been stated that since the petitioner was not a
Government servant, he would not be entitled to the benefit sought
by him. For this purpose the State Government relies upon a
Government decision, dated 30.8.1980 by which Annexure 4 has
been explained.
The Principal Secretary, General Administration
Department, Bihar after consultation with the Principal Secretary,
Human Resources Dev. Department, Bihar should take a decision
as to whether the petitioner would be entitled to the aforesaid
benefit, in view of the fact that it is submitted on behalf of the
petitioner that all teachers of minority institutions are being paid
pension and provident fund / gratuity by the State Government
although they are not the employee of the State Government. Such
a decision should be taken within a period of three months.
List this case on 2.5.2011 amongst the Ist ten cases.
haque ( Sheema Ali Khan, J.)