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1999 DIGILAW 262 (PAT)

Sita Sinha v. Accountant General, Bihar

1999-04-07

SHIVA KIRTI SINGH

body1999
Judgment 1. Heard the parties. The grievance of the petitioner is now confined only against annexure-2 by which her pension has been fixed at Rs. 1258/- per month in place of Rs. 1494/- per month as recommended by the competent authoritiy, District Education Officer vide his letter dated 6.3.98 contained in annexure-1. 2. A perusal of annexure-1 shows that the date of appointment in case of petitioner has been given as 5.9.68 and the date of retirement is 31st December 97. On that basis, the pensioners service has been certified as 29 years 3 months and 26 days. In the counter-affidavit filed on behalf of the respondent no.4 the District Education Officer, Patna the claim of the petitioner with regard to date of appointment etc. has not been disputed and from annexure-B it appears that the Service Book of a petitioner has been sent to the Office of A.G. Bihar on 17.11.98. From the counter-affidavit filed on behalf of the A.G., Bihar it appears that after receipt of the Service Book respondent no.4 has been requested through a letter dated 18.12.98 for sending some clarification which upon perusal of the said letter contained in annexure-A to the counter-affidavit of A.G. appears to be related to the question whether petitioners appointment date mentioned as 5.9.68 will be relevant for grant of pension or another date 1.11.1972 which was the date on which her service was approved by the authorities while she was in the private school. 3. Learned counsel for the petitioner has submitted on the basis of Rule 17(a) of the Triple Benefit Scheme Rules which was applicable earlier that in computing the length of qualifying service, all previous services in one or more than one institution shall be taken into account. He has further relied upon a circular of the Government of Bihar in the Education Department bearing No. 1775 dated 30th Aug, 1980 and has shown from paragraph 5 of the said letter that with regard to teaching and non-teaching employees of recognised Secondary Schools, like Government employees the date of appointment would be the basis for computing pension/gratuity. From the facts of the case, it is clear that there is no dispute with regard to date of appointment of the petitioner and only dispute raised by the Office of the A.G Bihar is with regard to date of approval granted by District Inspector of School. From the facts of the case, it is clear that there is no dispute with regard to date of appointment of the petitioner and only dispute raised by the Office of the A.G Bihar is with regard to date of approval granted by District Inspector of School. In the facts of the case, it has to be held that the date of such approval has no bearing in the matter of fixation of pension and therefore the District Education Officer had rightly recommended for fixation of petitioners pension vide Annexure- 6 on the basis of her date of appointment i.e. 5.9.1968. 4. Accordingly, this writ application is allowed and the concerned respondents are directed to revise the pension of the petitioner on the basis of annexure- 1 and pay all the admissible arrears on that account within a period of three months from the date of receipt/production of a copy of this order. 5. Hearing fee of Rs. 1,000/- shall be paid as cost to the petitioner by the respondent no.1 within the aforesaid time.