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2009 Supreme(Pat) 21

SHIVA KIRTI SINGH, SHYAM KISHORE SHARMA
Gopal Jha Son Of Late Pandit bhola Dutta Jha – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard learned counsel for the appellant and learned counsel for the State.

2. The writ petition filed by the appellant was dismissed by order dated 12.7.2006. As a result his prayer to count his services for the purpose of pension and other retirement benefits from 1.1.1965 till the date of his superannuation on 31.7.2003 stands rejected.

3. On facts there is no dispute, as is evident from the order of the Director, Secondary Education, Bihar, Patna (Annexure-3 to the writ petition) that petitioner was in service as an Assistant Teacher in High School, Mathura, West Champaran from 1.1.1965 to 3.6.1975. After leaving that service, from 4.6.1975 to 30.11.1981 he remained in service in Primary School, Samuapur, West Champaran. Thereafter he left that service and joined proposed Pahwari Yadav High School, Jagnathpur, West Champaran. This school was taken over on 2.9.1982 and petitioner was recognized as Assistant Teacher of that school w.e.f. 2.9.1982. Petitioner prayed for condoning the break in his service between 30.11.1981 to 2.9.1982 so that he may be qualified for pensionable service and may be paid pension and other retirement benefits after counting his earlier serv




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