1. The issue raised in the writ petition is whether the services rendered by the petitioner while posted in the State Government w.e.f. 12.8.1970 to 4.6.1976 would count as qualifying service for the purpose of calculation of pension and pensionary entitlements since after his appointment in the respondent Bihar State Electricity Board (hereinafter referred to as the Board), in view of the stipulation present in the memorandum of the Central Govt. dated 29.8.1984 (Annexure-10) adopted and followed by the Board in the Circular dated 14.2.1992 (Annexure-14).

2. With the consent of the parties the matter has been taken up for disposal at the stage of admission itself.

3. Heard Mr. Anand Kumar Ojha for the petitioner, Mr. Subhash Kishore Verma for the respondent Electricity Board and its authorities and Mr. Girijesh Kumar, learned Assisting Counsel to Mr. Lalit Kishore, learned Additional Advocate General No. 3 for the State.

4. Mr. Subhash Kishore Verma, learned counsel representing the respondent Electricity Board and its authorities at the very outset raised a preliminary objection as regarding the maintainability of the writ petition on grounds that the matter stood conclu