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2012 Supreme(SC) 828

S.S.NIJJAR, H.L.GOKHALE
BIHAR STATE GOVERNMENT SECONDARY SCHOOL TEACHERS ASSOCIATION – Appellant
Versus
BIHAR EDUCATION SERVICE ASSOCIATION – Respondent


JUDGMENT

H.L. Gokhale J.-Leave granted.

2. These two Civil Appeals by Special Leave raise the question with respect to the approach the High Courts and the State Governments are expected to adopt towards the orders passed, and the interpretations of Govt. resolutions rendered by this Court. The question arises in the context of litigation concerning the promotional avenues for the teachers in Bihar Government Service. The relevant facts:-

3. The facts leading to the two Civil Appeals herein are as follows:-

The State of Bihar, which is respondent No.66 in these two appeals, set up a three member committee, in March 1976, with Shri Saran Singh, Member Board of Revenue, and Administrative Reforms Commissioner, as its Chairman. The terms of reference of this Committee were as follows:-

“To hasten the avenues for promotion in the Bihar Civil Services, the government has approved junior selection grade 20%, senior selection grade 12.50% and posts of senior Deputy Collector 2.5%. The same percentage has been applied for junior selection grade and senior selection grade in the Bihar Engineering Service. On this basis, requests have been coming from various state services associations that










































































































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