MOHIT KUMAR SHAH, J.:–The present writ petition has been filed to direct the respondent- authorities to calculate the pension and post retiral benefits of the petitioner taking into account the services rendered by the petitioner in the College in question, right from the date of his initial appointment i.e. on 01.11.1976/ 01.06.1988 till the date of his retirement as a regular employee on 31.12.2012.

2. The brief facts of the case, according to the petitioner, are that the petitioner was initially appointed on the post of Demonstrator in the Department of Physics in S.S.V. College, Kahalgaon on 01.11.1976, however upon takeover of the College in question, the services of the petitioner was not absorbed, hence he had represented before the respondent- University Authorities, whereupon the Registrar of the Tilka Manjhi Bhagalpur University, Bhagalpur (hereinafter referred to as “the University”) vide letter dated 08.08.1988, directed the In-charge Principal of the College in question to make payment of daily wages admissible to Class- III post w.e.f. 01.06.1988.

3. It is also the case of the petitioner that the respondent-University had issued an advertisement in Hindi Daily Newspaper namely Hindustan on 18.10.2001, whereby applications were invited from daily wages Class-III and Class-IV employees for their appointment in regular services of the respondent-University, whereupon the petitioner had also applied and participated in the selection process and then he was declared to have been successful in the said process of selection. Thereafter, the respondent- University, vide Office Order No. 159 of 2002 dated 05.07.2002, had appointed the petitioner and others in the regular services on Class-III post against the sanctioned and vacant post with effect from the date of appointment/ date of availability of post, whichever may be later. The matter had then travelled to the Chancellor’s Secretariat and finally, the respondent-University had issued final orders with regard to absorption of the services of the petitioner and others vide various Office Orders, however as far as the petitioner is concerned, the relevant Office Order is the one bearing Office Order no. 88 of 2006 dated 27.05.2006, whereby and whereunder the services of the petitioner and others were absorbed in regular services of the University w.e.f. 05.06.2003.

4. The learned counsel for the petitioner has submitted that in the aforesaid process of selection, 14 similarly situated Class-III employees of the Tilka Manjhi Bhagalpur University, Bhagalpur were also absorbed w.e.f. 05.06.2003, however the respondent- University vide Office Order no. 58 of 2007 dated 08.03.2007, had shifted back the effective dates of absorption of the said 14 employees from 05.06.2003 to the date of their respective initial appointment in the said College and subsequently, they have also been paid all the consequential monetary benefits.

5. The learned counsel for the petitioner has relied on a judgment dated 10.05.2006, passed in the case of Rajendra Kamti and another Vs. L.N. Mithila University and others (C.W.J.C. no. 3274 of 2001) and other analogous cases to submit that a co-ordinate Bench of this Court, in the said judgment, has held that the petitioners of the said cases cannot be deprived or denied of their rights to join or add the past period of services rendered by them prior to absorption for earning pension and secondly, it has also been held that the petitioners of the said cases will be entitled to the period of service before regularization, right from the date of entry in service, even on daily wage basis, which shall have to be reckoned and shall have to be added with the period of service after regularization for the purposes of calculation of pensionary benefits including the family pension, to be granted to such employees.

6. The learned counsel for the petitioner has next relied upon a judgment rendered by a co-ordinate Bench of this Court dated 21.04.2010, passed in th