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2007 Supreme(Pat) 1200

NAVANITI PRASAD SINGH
Bijay Kumar Srivastava – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The two petitioners were in Indian Defence Services (Air Force) employed under Short Services Selection. Thereafter, they joined the Bihar Administrative Service, Junior Selection Grade in the years 1989-93 respectively. On joining the Bihar Administrative Service, their seniority was determined as per the prevalent Government policy decision, as contained in circular dated 26th August, 1972 (Annexure-2). This circular, inter alia, provided giving benefit of their past services in the Defence for calculating their seniority in the Bihar Administrative Service. Their seniority was, accordingly, determined. Now after 12 years of their service, and three and half decades after issuing the 1972 circular (supra), wisdom has dawned on State Government once again and they have by their circular dated 2.3.2005 (Annexure-9) sought to explain that the policy decision of 1972 was incorrect and wrong and the clause laying down conditions for determination of seniority of Ex-servicemen in the 1972 circular was deleted. Consequently, the benefit which was earlier promised and given to Ex-servicemen joining Bihar Government Service stood withdrawn. This was not left to be done prospect





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