Failure to inform authorities about joining a new school and acceptance of new terms of appointment can lead to forfeiture of past service for pensionary benefits.

Ahsanuddin Amanullah, J.

1. Heard learned counsel for the parties.

Re.: Interlocutory Application No. 3121 of 2015

The Interlocutory Application has been filed seeking condonation of one day delay in filing of the Letters Patent Appeal.

2. Upon hearing learned counsel for the parties and considering the averments made in the Interlocutory Application, we find that sufficient cause has been shown for delay in filing of the appeal. Consequently, the delay in filing of the Letters Patent Appeal is condoned.

3. Interlocutory Application No. 3121 of 2015 stands disposed off.

Re.: Letters Patent Appeal No. 750 of 2015

4. The challenge in the present intra court appeal is to the order dated 21.7.2014 passed by the learned Single Bench by which C.W.J.C. No. 9028 of 2013 filed by the appellant has been dismissed.

5. The appellant was appointed as an Assistant Teacher in Sone Bandh Middle School, Indrapuri in the district of Rohtas on 19.12.1966 and joined on 2.1.1967. Thereafter, the appellant was appointed as an Assistant Teacher in Sone Bandh Higher Secondary School, Indrapuri under the Work Charge Establishment of the Water Resources Department on 13.12.1978. He was sanctioned leave without pay from 13.12.1978 till 12.6.1979 from Sone Bandh Middle School, Indrapuri. However, he continued to work in Sone Bandh Higher Secondary School, Indrapuri and superannuated on 28.2.2001. He was given his pensionary benefits for the period 13.12.1978 till his superannuation but being dissatisfied, the appellant filed C.W.J.C. No. 9306 of 2006 for payment of his retiral dues counting his service from 2.1.1967. The same was disposed off by order dated 11.5.2011 with a direction to pay the undisputed amount within one month and if there was any dispute, the same to be settled within a period of three months and payment of retiral dues along with other undisputed dues including arrears of salary was to be paid within a period of four months in accordance with law. The matter having been considered, the Principal Secretary of the Department passed a reasoned order on 4.12.2012, rejecting the claim for pension after counting his service from 2.1.1967, which was impugned before the learned Single Bench in C.W.J.C. No. 9028 of 2013 and dismissal of the same has given rise to the present Letters Patent Appeal.

6. Learned counsel for the appellant submitted that the service rendered by him in Sone Bandh Middle School, Indrapuri, which is also a Government School, is required to be taken into consideration for computing the length of qualifying service for grant of pensionary benefits. He submitted that in terms of Rule 105 of the Bihar Pension Rules, 1950 (hereinafter referred to as the 'Rules') provides for condoning the breakage and interruption in service. He further submitted that even the Headmaster of Sone Bandh Middle School, Indrapuri had written to the competent authority, including the Chief Engineer of the Department, to make payment of retiral dues of the appellant treating his service to be continuous from 2.1.1967. Learned counsel submitted that even the Bihar Government circular contained in Memo No. 636 dated 18.7.1992 provides for condoning the breakage of service.

7. Learned counsel for the State submitted that the appellant cannot claim continuity in service from 2.1.1967 since he had left his job in Sone Bandh Higher Secondary School, Indrapuri as a new recruit in the Work Charge Establishment with the stipulation that his appointment was provisional and liable to be terminated at any point of time and such appointment was done on the basic pay in the new pay scale with no increment and the appellant accepted such condition at the time of his joining.

8. Having considered the rival contentions, we do not find any merit in the present Letters Patent Appeal. The appellant was appointed in Sone Bandh Higher Secondary School, Indrapuri under Memo No. 1634 dated 13.12.1976 subject to the following conditions:--

"1. The appointment is purely pr