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2007 Supreme(Pat) 1544

S.K.KATRIAR
Pankaj Kumar Singh – Appellant
Versus
Renu Kumari Pandey,State Of Bihar – Respondent


Judgment

1. Heard Mr. Tej Bahadur Singh for the petitioner, and Mr. Lalit Kishore, learned Additional Advocate General No. Ill for the respondents. Mr. Chittaranjan Sinha has also been heard on behalf of the petitioner in the analogous C.W.J.C. No. 10113 of 2007.

2. The learned Additional Advocate General raises a preliminary objection that, in view of the provisions of Rule 18, read with Rule 20(i) of the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as the 2006 Rules), the writ petition at the instance of the aggrieved persons has become infructuous, inter alia, for the reason that they were applicants for Shiksha Mitra under the quondam policy decision which stands repealed in terms of Rule 20(i) of the 2006 Rules. He further submits that, in view of the provisions of Rule 20(iii), the successful candidates who were appointed Shiksha Mitra under the policy decision have under the 2006 Rules acquired status and may continue upto the age of sixty years with raised emoluments.

3. Learned counsel for the petitioners submit in opposition that the interpretation put by the learned Additional Advocate General on the provisio






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