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2007 Supreme(Pat) 1065

MRIDULA MISHRA, DHARNIDHAR JHA, SHIVA KIRTI SINGH
Ram Binod Singh shabbir Alam – Appellant
Versus
Ram Kumar Bharti @ R. K. Bharti – Respondent


Judgment

Shiva Kirti Singh, J.

1. Specific orders referring the relevant issues for decision by a larger Bench have been passed in CWJC No. 12181 of 2003 (Ram Binod Singh V/s. the Bihar State Electricity Board & Ors.) and in CWJC No. 8677 of 2003 (Shabbir Alam V/s. Bihar State Electricity Board). The other matters have been listed because they are also dependent upon the outcome of answer to the issues under reference.

2. The orders making reference disclose that the learned Single Judges hearing the writ petitions noticed that the view taken by a Division Bench of this Court in case of Bihar State Electricity Board & Ors. V/s. Man Bahadur & Ors., reported in 2004(3) PUR 3 appears to be contrary to earlier Division Bench judgments of this Court, particularly in the case of Bihar State Electricity Board & Ors. V/s. Madan Mohan Prasad & Ors., 2001 (2) PLJR 58.

3. In eight out of nine matters before us the petitioners are class III or class IV employees (or their widows/dependents) retired from service under the State of Bihar or Bihar State Electricity Board (hereinafter referred to as the Board). In the only Letters Patent Appeal before us, the sole respondent is a retired class III






























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