- (1.) THE petitioner, who had retired from service as a Teacher in the State Subsidized High School, Keredari in the district of Hazaribagh in April, 1997, has prayed for a direction to the respondents to compute his pension by adding his previous service since 17.04.1970, which he had rendered as an Assistant Teacher in the Chalmo Barmasia Middle School, Hazaribagh (now Giridih) and subsequently at the Middle School Salgawan, Hazaribagh.
(2.) HEARD learned counsel for the petitioner and learned counsel for the respondent State. Learned counsel for the petitioner submits that the period of service, which the petitioner had rendered in the earlier schools, has to be counted together with the petitioner's service in the later schools for the purpose of computing the petitioner's pension. The petitioner has a right to demand such addition of the past service on the basis of a notification issued by the State of Bihar in the Department of Education vide Memo No. 72 dated 19.01.1985 (Annexure -6). Learned counsel submits further that earlier when the petitioner's prayer was not considered, the petitioner had moved this Court by filing a writ application and a direction was issued to the respondents to consider the petitioner's claim.
(3.) REFERRING to the Division Bench judgement of this Court passed in the case of Ram Phal Sinha V/s. State of Bihar vide C.W.J.C. No. 12830 of 1992, learned counsel for the petitioner submits that this Court has decided the principle on the basis of which the services of the Government Teachers should be considered for the purpose of computing pension and gratuity. Though the judgement relates to the teachers of High School, but the same principle applies to the teachers of Middle School also and pursuant to which the petitioner is entitled for addition of his past service for the purpose of computing his pension and other retiral benefits. Learned counsel further submits that the House Rent Allowance, which was legally payable to the petitioner for the period December, 1986 to January, 1997, has also been illegally and arbitrarily with -held by the respondents.;