Mihir Kr. Jha, J. – Heard Mr. Bindhyachal Singh, learned counsel for the petitioner and the learned counsel for the State.

2. Time they say is the best heater but then not in all cases. The petitioner having been appointed on 22.7.1966 in the Government service after tendering his resignation on 14.4.1977 became over ambitious in 1990 first to challenge the acceptance of such resignation and also in alternative for claiming the payment of pension, gratuity and other retirement benefits. When the same was denied by the respondents on the ground that in terms of Rule 101(a) of the Bihar Pension Rules a person having resigned from the service would not be entitled to payment of pension, gratuity and other retirement benefit, he came to this Court in 1991 after 14 years of acceptance of his resignation assailing the decisions of his acceptance of resignation as also denying him post retirement benefit. Such writ application, C.W.J.C. No. 4684/1991 filed on 16.7.1991, was placed before the Division Bench on 31.7.1991 but the then counsel for the petitioner, appearing in that case, had given up first claim of the petitioner for reinstatement in service by accepting that the petiti