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2004 Supreme(Pat) 336

Awadhesh Kumar Sinha – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: M/s G.P. Singh, B.K. Dubey.
For the State : Mr. A.K. Singh.

ORDER

This case is one of a kind which shows how litigation is generated by the State Government departments. Irresponsible affidavits, with no responsibility in the pleading which are made, circumstances not fortified by facts, cluttering the High Court with pending cases of State litigation which could conveniently engage the attention of the Bihar Administrative Tribunal, which has conveniently been closed down, a working institution ordained by an Act of legislature, like several State institutions in the State.

2. This is a case of a vaccinator. They were employed in 1976. They worked continuously. All of a sudden they were told that they are tenure appointees. Nothing has been shown on record that at the time when they were given their appointments it was limited to a tenure. Twenty years of service gave them scale, increments, promotions. In so far as their pay sheet records were concerned, there were columns, one shows set substantive, the other set officiating. These employees were shown in a scale in the subhead : substantive. They made contributions from their salaries to the provident fund, gratuity etc.

3. The fact that they were intimated that their services are no longe






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