S.J.MUKHOPADHAYA, J. - (1.) IN both the appeals as common questions of law are involved, they were heard together and are being disposed of by this common judgment.
(2.) RESPONDENT No. 1/writ petitioner Kauleshwar Prasad of L.P.A. No. 488 of 2004 had preferred the writ petition being W.P.(C) No. 648 of 2002 for a direction on the respondents to count the services, rendered by him as Extra Clerk for the period from 16th December, 1958 to 10th February, 1981, for the purposes of granting him the pensionery as well as other retiral benefits. Further prayer was made to direct the respondent (appellant herein) to pay him the salary for period from 2nd February, 1991 to 17th February, 1992. Respondent No. 1/writ petitioner Girija Nand Prasad of L.P.A. No. 512 of 2004 had preferred a separate writ petition being W.P.(S) No. 4406 of 2002 for a direction on the respondents to consider the period of service, rendered by him as Extra Clerk from March, 1952 to 28th November, 1972, for the purposes of fixing his pension and other retirement benefits. The learned Single Judge by the impugned judgment dated 20th January, 2004 allowed the writ petition being W.P.(c) No. 648 of 2002, preferred by respondent No. 1/writ petitioner Kauleshwar Prasad and directed the appellant/State to fix his pension, counting the services, rendered by him as Extra Clerk from 16th December, 1958 to 10th February, 1981. The writ petition being W.P.(S) No. 4406 of 2002, preferred by respondent No. 1/writ petitioner Girija Nand Prasad was also allowed by another judgment dated 19th April, 2004 for similar reason and on similar ground and the appellant/State was directed to re -fix his pension, counting the period of service rendered by him as Extra Clerk from March, 1952 to 28th November, 1972.
(3.) THE question, involved in these appeals, are (a) whether the period, rendered by a person as an Extra Clerk can be counted for the purposes of pension and other retiral benefits? and (b) if the period, rendered as Extra Clerk, can be counted for the purposes of granting the pension and other retiral benefits, to what extent such period can be counted?;