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2007 Supreme(Pat) 70

S.K.KATRIAR
Dhrub Roy, Uttam Lal Yadav – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.K.Katriar, J.

1. Both the writ petitions raise identical issues and are being disposed of by a common judgment.

2. I shall first take up CWJC No. 10607 of 1999. It has been preferred for a direction to the respondents to treat the petitioners service to be continuous from 1.1.1959 to 14.2.1979 and to pay the post-retirement benefits after continuing the same. The petitioners post-retirement benefits have been computed after excluding the said period, and giving him the benefits with effect from 15.2.1979 in view of clause 2(ga) of the memorandum bearing memo no. 636/Patna, dated 18.7.92 (Annexure 10), issued by the Government of Bihar in the Department of Water Resources. The facts are not in dispute and are indicated hereinbelow:

1956 :The High School, Barhauna, in the district of Samastipur, was established as a private school.

1.1.1959 (Annexure 1):The petitioner had joined the High School, Barhauna, in the district of Samastipur as Assistant Teacher in 1958 which was then a private school. It was granted partial recognition with effect from 1.1.1959.

1.1.1960 (Annexure 2): The Barhauna school was granted full recognition with effect from 1.1.1960 vide order dated 28.1






























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