M.Y. Eqbal, J. - (1.) THE petitioner retired from the service on 31.12.2003. He has filed this writ petition for a declaration declaring the petitioner to be in continuance in service from 31.5.66 and accordingly for calculation of retiral benefits. The admitted facts are that the petitioner was appointed on 31.5.66 in the post of Assistant Controller. After continuing in service for a number of years he tendered his resignation 30.3.1972 and thereafter he was relieve from the service w.e.f. 6.4.1972. However the petitioner was again appointed in the year 1973 by the respondent Board and he submitted his joining on l5.1.1973. The case of the petitioner is that the period in between the date of his resignation and date of this joining should be taken as continuity in service. The petitioner has not annexed copy of the letter of appointment by which he was given appointment in. 1973. However learned counsel appearing for the petitioner produced before me the service record in support of his case that he was appointed in 1973. In the service record it is clearly mentioned that in 1973 he was given fresh appointment. Nothing has been written that his services shall be taken to be in continuity from 1966.
(2.) LEARNED counsel then drawn my attention to Rule 101 of the Bihar Pension Rules and submitted that only in case of resignation of the public service on dismissal or removal from it from misconduct, insolvency, inefficiency or failure to pass a prescribe examination entails the forfeiture of past service. Notwithstanding the aforesaid rule I am of the definite opinion that when subsequent appointment of the petitioner was a fresh appointment then the question of continuity in service does not arise. For the aforesaid reason no relief can be granted to the petitioner. This application is dismissed. Needless to say that whatever amount payable to the petitioner after he left the service in 1972 as also the retiral benefit after he retired from service in 2003 shall be released in favour of the petitioner as expeditiously as possible and preferably within a period of two months from the date of receipt of copy of this order.;