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2011 Supreme(Pat) 305

SHEEMA ALI KHAN
Dr. (Capt. ) Rajni Kant Roy Son Of Late Prof. Ram Khelawan Roy – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. The petitioner is an Ex-Army personnel inasmuch as he was a doctor in the Army. He came to be appointed in the State Health Services in the year 1988. At the time when the petitioner was appointed in the State Health Services, there was a policy decision of the State Government issued vide letter no. 15784, dated 26.8.1972 by which the period of service in the Army was clubbed and counted for the purposes of counting the number of years put in in the Health Service. Accordingly, the State Government issued an advertisement in the newspaper dated 23.1.2000 seeking objections to the implementation of the Governments policy dated 26.8.1972 by specifying that the date of joining of the petitioner alongwith other similarly situated would be shifted from 15.3.1988 to 15.2.1983. After issuance of Annexure-9 a formal notification was issued by the State Government declaring that the petitioners date of joining was 15.2.1983. By Annexure-11 the petitioner was placed at serial no. 5866B in the seniority list treating his entry in service to be on 15.2.1983.

2. The petitioner filed objection to the seniority list prepared by the State Government vide Annexure-12 in which it has be





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