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2010 Supreme(Pat) 93

DIPAK MISRA, SHIVA KIRTI SINGH
State Of Bihar – Appellant
Versus
Shahida Hassan Wife Of Afran Hassan – Respondent


JUDGEMENT

Dipak Misra, J.

1. Regard being had to the commonality of controversy in both the appeals it was thought apposite to hear them analogously and, accordingly, they were heard together and are disposed of by singular order. It is imperative to state the factual matrix of each case separately although the interpretations of rules involved are the same.

2. In L.P.A. No. 373 of 2004 the expose of facts are that the respondent had joined the service as Medical Officer under Health Department, Government of Bihar on 15.7.1981 and submitted her resignation from the said service which was accepted by the State Government with effect from 21.1.1995. Though her resignation was accepted, she was not paid gratuity, full pension, G.P.F., group insurance, leave encashment and arrears of salary. Being aggrieved by the aforesaid action of the State Government she preferred writ petition forming the subject matter of C.W.J.C. No. 1678 of 2003. It was contended in the petition that she had completed more than thirteen years and six months service and, hence, was entitled for pension and other post retiral benefits under clause 18 of Appendix 6, contained in Part-ll of the Bihar Pension Rules,


































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