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2014 Supreme(SC) 930

J.CHELAMESWAR, S.A.BOBDE
State of Jharkhand – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Ajit Kumar Sinha, Sr. Adv., Devashish Bharuka and Ravi Bharuka, Advs.
For Respondents/Defendant: Maninder Singh, ASG, Ranjit Kumar, Sr. Adv., Gopal Singh, Manish Kumar, Chandan Kumar, S.A. Haseeb, Abhinav Mukerji, Sushma Suri and B. Krishna Prasad, Advs.

ORDER

Jasti Chelameswar, J.

1. I.A. No. 5 of 2014 in Original Suit No. 1 of 2012 is filed by the Plaintiff, the State of Jharkhand in the above-mentioned suit.

2. In the said suit, the Plaintiff prayed inter-alia;

"b. Declare and hold that the basis of "ratio of number of employees of each successor State" for apportionment of pension liability contained in Clause 4 of the Eight Schedule to the Bihar Reorganisation Act, 2000 is ultra vires Article 14 of the Constitution of India, or, in the alternative, to read down the aforesaid words contained in Clause 4 of the Eight Schedule to the Bihar Reorganisation Act, 2000 to mean "population ratio".”

3. By Act No. 30 of 2000 by the Parliament, the State of Jharkhand is brought into existence by carving out certain areas from the territory of the State of Bihar as it existed on that date. The Act is titled Bihar Reorganisation Act, 2000. As necessary sequel to the bifurcation, provisions were required to be made with reference to the various aspects of the rights and liabilities of the State of Bihar as well as the newly formed State of Jharkhand. One of the provisions dealt with the apportionment of the pensionary liabilities of the former em




























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