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ASHWANI KUMAR SINGH, BIRENDRA KUMAR, ANIL KUMAR UPADHYAY
State of Bihar through the Commissioner-cum-Secretary, Department of Secondary Education, Human Resources Department, Bihar, Patna – Appellant
Versus
Asha Sharma, wife of Shri Birendra Kumar Sinha – Respondent
ANIL KUMAR UPADHYAY, J.
LPA No. 1568 of 2011
1. The Division Bench in this appeal preferred by the State of Bihar against the judgment of the Single Judge dated 23rd March, 2011, in CWJC No. 1046 of 2006, had noticed conflicting judgments of two Division Benches – one reported in 2007 (2) PLJR 239 (Shyam Kishore Singh vs. The State of Bihar & Ors.) and the other in the matter of Madho Sharma vs. the State of Bihar & Ors. in CWJC No. 15725 of 2010, decided on 5th July, 2013 and, on consideration of Government Circulars dated th November, 1978 and 30th August, 1980 as well as the Bihar Non-Government Secondary Schools (Taking Over of Control and Management) Act, 1981 (hereinafter referred to as “the Act of 1981”) and Bihar Nationalized Secondary Schools (Service Conditions) Rules, 1983 (hereinafter referred to as “1983 Rules”) noted that there are three diverse opinions for calculating the service for the purposes of pensionary benefits:
(a) to count service from the date of take over treating the nonteaching employee as government servant (b) counting the service from the date of grant of recognition of the non government school and (c) reckoning of service from the date of g
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