1. The grievance of the petitioner in this writ petitioner is that the Respondents have wrongly denied his pension from the due date. Respondents have calculated pensionary benefits on the basis of salary drawn by the petitioner on 1.5.1973 and his service for the subsequent period till he attained the superannuation on 31.1.1984 has not been taken into account for the purpose of pensionary benefits.

2. In short, relevant facts are that the petitioner was in service of the State Government as Compounder/Dresser. The petitioner on transfer from Simri Centre, Birpur joined at Salakhua on 23rd May, 1970. In the year 1972 his land and house properties were damaged because of the flood in Koshi river and under such circumstances he went on leave. When he did not return, a show cause notice vide letter dated 1.5.1973 (Annexure-3) was issued to him for his above unauthorised absence and further directing him to return to his work within three days, on failure of which strong departmental action would be taken against him. According to the petitioner, he reported for duty on 24.8.1981, but the same was not accepted by the Civil Surgeon, Saharsa, and the matter was referred to the G