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Patna High Court

Rajendra PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the Director, Secondary Education, Bihar to determine the inclusion of the petitioner’s earlier primary‑school service for pension within three months, effectively granting the petitioner relief.

Summary

The petitioner, a former primary teacher (1973-1985) who later served as an assistant teacher and headmaster, sought direction to have his earlier primary‑school service counted for pension purposes. He relied on a 2006 departmental circular and a 2011 press communique that allowed government employees to apply within a specified cut‑off date to have past service added to pension calculations. The petitioner filed an application on 15 October 2011, within the 2011 cut‑off, but the pension authority only considered his later service, excluding the primary‑school tenure. The State argued that the petitioner’s later application of 13 September 2017 was filed after the 2017 cut‑off, but the court focused on the timely 2011 application. After hearing both sides, the court directed the Director of Secondary Education to decide on the inclusion of the petitioner’s past service within three months, thereby granting the relief sought. The writ application was consequently disposed.

Issues considered

  • Whether the petitioner is entitled to have his service as a primary teacher (1973-1985) counted towards pension under the 2006 circular and 2011 press communique.
  • Whether an application filed after the 2017 cut‑off date can be entertained for adding past service.
  • Whether the respondent authorities are obligated to act on the petitioner’s timely application and include the earlier service in pension computation.

Subjects

  • pension
  • service credit
  • government employee
  • departmental circular
  • press communique
  • primary education
  • secondary education
  • writ jurisdiction
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.14309 of 2022
                  ======================================================
                  Rajendra Paswan Son of Late Chhuthar Paswan, Resident of Village-
                  Chananpur, Police Station- Arer, District- Madhubani.
                                                                            ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar Bihar
            2.    The Principal Secretary, Education Department, Government of Bihar,
                  Patna.
            3.    The Princpal Secretary Finance Department, Government of Bihar, Patna.
            4.    The Director (Secondary Education), Bihar, Patna.
            5.    The Director (Primary Education) Bihar, Patna.
            6.    The Regional Deputy Director of Education, Purnea Division, Purnea.
            7.    The District Education Officer, Araria.
            8.    The District Progrmme Officer (Secondary Education), Araria.
            9.    The Accountant General, Bihar, Patna.
                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. Vishwambhar Prasad, Adv.
                  For the Respondent/s   :      Mr. Kameshwar Kumar (Gp17)
                                         :      Mr. Amit Bhushan, Ac to Gp17
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                        ORAL ORDER
12   20-01-2026                 1. The present application has been filed for direction

                    to the respondent/authority to add the service rendered by the

                    petitioner in Primary Education, Government of Bihar, for the

                    period 15.10.1973 to 22.07.1985 for the grant of pension.

                                2. The petitioner was initially appointed as Primary

                    Teacher on 26.09.1973 and he started working in the Primary

                    School, Bisfi, Madhubani, on 15.10.1973. He worked as

                    Primary Teacher till 22.07.1985. Thereafter, petitioner was

                    appointed as Assistant Teacher in the High School Jogbani,

                    Purnea, now Araria, on 15.07.1985. Thereafter, the petitioner
Patna High Court CWJC No.14309 of 2022(12) dt.20-01-2026
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         was promoted as a Headmaster and retired on 30.11.2012.

                      3. Learned counsel for the petitioner, referring to

         Annexure P/1, submits that the State of Bihar had taken a

         decision vide Departmental Circular/Letter No. 1191 dated

         01.06.2006 to add the service rendered by the government

         employee for payment of pension if the government employee

         goes from one service to another service of the government. If

         application is made by such employee within 10 years from the

         date of his joining in another service, expressing his desire to

         add the previous service for the purpose of grant of pension, the

         same shall be considered. However, the government came out

         with press communique dated 02.08.2011 giving another

         opportunity to the government employees to submit an

         application expressing his or her desire to add the previous

         service for the purpose of pension and the cutoff date as fixed

         by the circular/press communique was 31.12.2011.

                      4. The petitioner submitted an application in this

         regard on 15.10.2011, i.e., within the cut-off date fixed under

         the circular/press communique dated 02.08.2011. The petitioner

         has retired on 30.11.2012 and after retirement, for the purpose

         of grant of pension, only the services rendered by the petitioner

         in the high school has been counted and the previous service
Patna High Court CWJC No.14309 of 2022(12) dt.20-01-2026
                                           3/4




         rendered by him in the primary school has not been taken into

         consideration.

                      5. Learned counsel for the State argued that the

         petitioner submitted his application for counting his service

         rendered as Primary Teacher as per the press communique on

         15.10.2011 before the District Programme Officer, Secondary

         Education, Araria, who forwarded the application to the

         Director, Secondary Education, Patna, vide letter no. 703 dated

         31.08.2013.

                      6. It has also been submitted that again a press

         communique was issued by the government inviting option from

         the government employees and to submit an application before

         30.06.2017 for the purpose of counting past service for grant of

         pension. Last date fixed by the press communique dated

         03.06.2017 having letter no. 1660 was 30.06.2017. The

         petitioner again submitted an application after expiry of the cut-

         off date on 13.09.2017 for counting his past service rendered as

         Primary Teacher for the grant of pension. In response to the

         application submitted by the petitioner, Director, Secondary

         Education, Bihar, Patna, vide letter no. 3011 dated 12.12.2022

         and Deputy Director, Secondary Education, Bihar, Patna, vide

         letter no. 76 (Vidhi) dated 25.08.2023 and the District Education
          Patna High Court CWJC No.14309 of 2022(12) dt.20-01-2026
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                   Officer, Araria, vide letter no. 184 dated 26.07.2023 sent the

                   photocopy of the service book of both services along with

                   appointment letter and other relevant documents of the

                   petitioner to the Director, Secondary Education, for necessary

                   action.

                                7. Having heard learned counsel for the parties and

                   taking into consideration the press communique dated

                   02.08.2011 and the option exercised by the petitioner dated

                   15.10.2011 for counting his past services rendered as Primary

                   Teacher, let a final decision in this regard be taken by the

                   Director, Secondary Education, within a period of three months

                   from the date of receipt/production of a copy of this order.

                                8. With the aforesaid direction and observation, the

                   present writ application stands disposed.



                                            (Anil Kumar Sinha, J)
HarshPandey/-

U


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