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2013 Supreme(SC) 1132

S.S.NIJJAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
Bihar State Government Secondary School Teachers Association – Appellant
Versus
Ashok Kumar Sinha – Respondent


Advocate Appeared
For the Petitioner:P.S. Patwalia, Senior Advocate (Amit Pawan, Hrishikesh Priyank, Abhishek Amritanshu), Advocates.
For the Respondents:L. Nageswara Rao, Additional Solicitor General, Ajit Kr. Sinha, Senior Advocate (Gopal Singh, Manish Kumar, Chandan Kumar, Arun Kumar, Rameshwas Prasad Goyal, Akhilesh Kr. Pandey), Advocates.

Judgment :

We have heard the learned Senior Counsel for the parties at length.

A grievance is made by Mr. P.S. Patwalia, learned Senior Counsel appearing for the petitioner that in spite of gradations/seniority list having been finalized on 17-8-2007, consequential benefits on the basis of the aforesaid seniority list have not been given to the group of teachers who were merged pursuant to the Resolution dated 7-7-2006.

Mr. L. Nageswara Rao, learned ASG appearing for the State of Bihar, has very fairly stated that the aforesaid final seniority list, dated 17-8-2007, will be given full effect to. He has, however, stated that the seniority list can only be implemented on the finalization of the Rules for giving full effect to the merger. This submission is seriously objected to by Mr. P.S. Patwalia, who submits that this is just a ruse, again at the behest of the officers who are now occupying all the administrative positions, to block any benefit being given to the persons merged. This, however, is not accepted by Mr. L. Nageswara Rao, who submits that the rules are being framed precisely to avoid such an eventuality. The idea is to ensure that the cadre that has been merged into th



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