- (1.) HEARD the counsel for the parties. The claim of the petitioner in this writ application is for direction to the respondents to make payment of pension and Gratuity to the petitioner based on qualifying service from 29/12/1973, the date on which he was appointed as founder Headmaster in the Nawadih High School, Tamar, Ranchi till the date of his superannuation on 30th September 1999 instead of the period from 31/05/1976 to 30/09/1999 as authorized in P.P.O. No. 320979, which, according to the petitioner, is contrary to the instructions contained in the Governments letter dated 01/03/1977. According to the petitioner, he was entitled to the amount of pension and gratuity on the basis of his 26 years of service actually rendered in the School. A counter affidavit has been filed on behalf of Respondent Nos. 6 and 7, wherein by controverting the claim of the writ petitioner, it has been stated that for computing the pensionary benefits to the petitioner, the period of service rendered by the petitioner in the School from the date of its recognition has been taken into consideration as qualifying service. Nawadih High School, Tamar, Ranchi, was recognized on 31/05/1976 by the Governments order No. 21941 -47 dated 31/05/1976 and, therefore, the service rendered by the petitioner prior to recognition of the school can not have been counted for the purpose of calculating his pension and pensionary benefits. Similar question arose before the Supreme Court in the case of "State of Bihar -versus -S. A. Hassan and Anr., reported in 2002
(2.) IN the said case, the question for consideration before the Supreme Court was as to whether the services rendered by the employees working under the private management in M.G.M. Medical College, Jamshedpur, i.e. prior to its taking over by the State Government, can be counted for calculating pension and pensionary benefits to those employees. The Supreme Court held that the services rendered by those employees under the private management, i.e. before taking over the Medical College, cannot be counted for computing their pension and pensionary benefits. The same analogy has to be applied in this case also. The services rendered by the petitioner in Nawadih High School, Tamar, Ranchi prior to its recognition by the Government cannot be taken into consideration for computing his pension or pensionary benefits. In view of the discussions and findings above, no relief can be granted to the petitioner. Accordingly, this writ petition is dismissed.;