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2019 Supreme(SC) 1158

L.NAGESWARA RAO, HEMANT GUPTA
State of Bihar – Appellant
Versus
Devendra Sharma – Respondent


Advocates Appeared:
For the Appellant(s) :Akhilesh Kumar Pandey, Abhinav Mukerji, Pratishtha Vij, Bihu Sharma, Samarth Khanna, Rajiv Kumar, Shailesh Madiyal, Sanjeev Gupta, Rameshwar Prasad Goyal, Manu Shanker Mishra, K. V. Mohan, Rajivkumar, Jamnesh Kumar, Abhay Prakash Sahay, Himanshu Shekhar, Binay Kumar Das, S.K. Verma, Mohit Kumar Shah, Bipin Kr. Jha, Mohd. Adeel Siddiqui, Neeraj Gupta, Ajay Kumar Talesara, Ranjan Mukherjee, Ajay Kumar Singh, Ramesh Kumar Tiwari, Gaurav Agrawal, Vipin Kumar Jai, Devashish Bharuka, Navin Prakash, Kedar Nath Tripathy, Advocates
For the Respondent(s):Himanshu Shekhar, Manu Shanker Mishra, Pahlad Singh Sharma, Ajay Kumar Singh, Gopal Singh, Gaurav Agrawal, Shikhil Suri, Shiv Kumar Suri, Kedar Nath Tripathy, Navin Prakash, Abhinav Mukerji, Smita Mukherjee, Hitesh Kumar Sharma, Meenakshi Das, Binay Kumar Das, Kusum Chaudhary, N. Rai, Prerna Singh, Shantanu Sagar, Chandan Kumar, Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. This judgment shall dispose of two sets of appeals, one by the State arising out of an order dated July 12, 2011 passed by the Division Bench of the High Court of Judicature at Patna (for short ‘High Court’) whereby, the appeals filed by the State were dismissed directed against the order passed by the learned Single Judge on October 6, 2009 and another set of appeals arising out of an order passed by the Division Bench of the High Court on September 24, 2014 whereby the order passed by the learned single Bench on October 6, 2009 was set aside. Some other Appeals are also on board against the orders passed by the High Court on other dates.

2. Since the issue in the appeals is common arising out of same or similar facts, therefore, such appeals have been taken up for hearing together.

3. Brief facts leading to the present appeals are that large number of candidates were appointed against Class III or Class IV posts in the Health Department in Government of Bihar till 1990 or so. The services of such employees were terminated which led to number of writ

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