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1986 Supreme(Pat) 25

HARI LAL AGRAWAL, M.P.VARMA
Arbind Prasad Sinha – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioner: M/s. Ganga Prasad Roy, and Ram Bihari Thakur.
For the Respondent: M. R. B. Mahto, A.G.

JUDGMENT :

Hari Lal Agrawal, J.- The petitioner has filed this application challenging the validity of the ORDER :, contained in Annexure 1, granting extension to respondent no. 6 Shri Visheswar Nath Mehrotra, as the Secretary of the Bihar Vidhan Sabha, after the date of his superannuation.

2. The main ground of challenge to the impugned ORDER :is that no extension could have been granted to respondent no. 6 after the date of his superannuation. Respondent no. 6, who was a member of the Bihar Superior Judicial Service, having been appointed to the post of the Secretary of the Bihar Vidhan Sabha, joined as such in the first week of June, 1985 and superannuated in due course on 30.11.1985, without any extension of service in his parent department. But the Speaker of the Vidhan Sabha, (respondent no. 2,) granted him extension for six months and in pursuance thereof, the Government issued the impugned letter under the signature of the Joint Secretary, Department of Personnel and Administrative Reforms, respondent no. 4, allowing respondent no. 6 to continue in his post in anticipation of the concurrence of this Court, as his successor had not been selected so far.

3. Learned counsel for


















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