JUDGMENT : 1. The petitioner has approached this Court with a prayer for a direction upon the respondents to pay the retiral benefits to the petitioner w.e.f. the date of appointment i.e. 26.09.1968 on which she has joined at M.G.M. College, Jamshedpur as Medical Doctor (Tutor) in Pharmacology which was the then Private Medical College and subsequently which was taken over by Bihar Private Medical Collages (Taking Over) Act, 1977 (hereinreferred as ‘Act 1977’) w.e.f. 02.01.1979 and the services of the petitioner was also taken over on the basis of the Act, 1977. Further, prayer has been made to treat the petitioner at par with other similarly situated persons, who were paid the retiral benefits from the date of their initial appointment i.e. in the College. 2. The case of the petitioner lies in a narrow compass. The petitioner was appointed vide letter dated 20.08.1968 as a temporary tutor in Pharmacology in the scale of Rs. 350-30-500 and was asked to join her duties at M.G.M. Medical College and accordingly, she joined her duties on 26.09.1968. Thereafter, vide Notification dated 03.09.1987, she was transferred to Rajendra Medical College, Ranchi from M.G.M. Medical College, Jamshedpur. It is specific case of the petitioner that Government of Bihar vide Memo dated 29.01.1990 transferred the petitioner to M.G.M. College as Associate Professor in the Department of Pharmacology. Subsequently, on the instruction of the Secretary, Department of Health, the details of the Medical Doctors relating to their service was sent to the Department and service record of the petitioner was also sent by the Principal M.G.M. College, Jamshedpur. On attaining the age of superannuation, the petitioner retired from her services and was paid post retiral benefits w.e.f. 01.10.1979 whereas it ought to have been paid from 26.09.1968 since after Bihar Private Medical Colleges (Taking Over) Act, 1977 as the service of the petitioner has to be counted from 26.09.1968 as has been done in case of other doctors after intervention of Hon’ble High Court and Hon’ble Apex Court. Aggrieved by the same, the petitioner represented before the respondents for consideration of her case in view of the fact that similarly situated persons had approached this Court and this Court after hearing the parties directed the respondents to pay the retiral benefits from the date of initial appointment and not from the date of taken over of the College. Aggrieved by the same, the petitioner represented before the respondents for consideration of her case in view of the fact that similarly situated persons had approached this Court and this Court after hearing the parties directed the respondents to pay the retiral benefits from the date of initial appointment and not from the date of taken over of the College. In the representation, the petitioner annexed a copy of order of this Court passed in case of Karan Singh Sharma & Ors. Vs. State of Jharkhand & Ors. [W.P.(S) No.1704 & 2003 of 2002], Shri Damodar Das Vs. State of Jharkhand & Ors.[W.P.(S) No.1538/2002] and in case of Lucas Francis Vs. State of Jharkhand & Ors.[W.P.(S) No.5752/2003]. Though, the petitioner represented before the respondents on several occasions, the case of the petitioner was not considered and no heed was paid to the representation of petitioner. Hence, the petitioner has been constrained to knock the door of this Court for redressal of her grievances. 3. Mr. Sarvesh Kumar Verma, learned counsel for the petitioner submits that the petitioner is entitled for payment of retiral benefits from the date of her initial appointment and not from the date of taken over of the College. Learned counsel further argues that the respondents have adopted pick and choose method and have discriminated the petitioner as similarly situated persons have already been considered and given the benefit of retiral benefits from the date of initial appointment and not from the date of taken over of the college. Learned counsel further argues that the case of Lucas Francis (supra) has been affirmed up to the Hon’ble Apex Court and as such, it is not open to the respondents to reject the claim of the petitioner. 4. Per contra, counter-affidavit has been filed. Mr. Anup Kumar Agarwal, learned counsel for the respondents vehemently opposes the contention of the learned counsel for the petitioner and submits that regarding payment of post reitral benefits of the employees of the said college, the issue is now no more res integra as the Hon’ble Apex Court in case of State of Bihar Vs. Mr. Anup Kumar Agarwal, learned counsel for the respondents vehemently opposes the contention of the learned counsel for the petitioner and submits that regarding payment of post reitral benefits of the employees of the said college, the issue is now no more res integra as the Hon’ble Apex Court in case of State of Bihar Vs. S.A. Hussan ( AIR 2002 SCW 1055 ) has held that before taking over the college, employees will not be treated as a Government Servant and they will be considered as a Government Servant from the date on which, the M.G.M. Medical College has been taken over by the State Government i..e. 22.01.1979. Learned counsel further submits that in view of the Judgment of the Hon’ble Apex Court, the petitioner is not entitled for any relief as she claimed and judgment relied upon the petitioner is of no help to her and writ petition is fit to be dismissed. 5. Be that as it may, having heard the learned counsel for the parties and on perusal of records, it appears that the Hon’ble Apex Court in case of State of Bihar Vs. S.A. Hussan ( AIR 2002 SCW 1055 ) has held that for the purpose of calculation of retiral benefits the period of service rendered in the college before taking over shall not taken into consideration. However, the said judgment was purposely given prospective effect and is not applied to the cases of employees, who had retired prior to the date of Judgment. In the instant case, the petitioner retired on 31.07.2000 and therefore, her case is squarely covered by the Judgment passed by this Court in case of Karan Singh Sharma & Ors. Vs. State of Jharkhand & Ors. [W.P.(S) No.1704 & 2003 of 2002]. Accordingly, this writ petition is disposed of with the direction to the respondents to give all the retiral benefits to the petitioner after calculating her service period from the date of her initial appointment and not from the date when the College was taken over by the Government. The retiral benefits must be released to the petitioner within a period of three months from the date of receipt of a copy of this order.