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2013 Supreme(Pat) 524

R.M.DOSHIT, AHSANUDDIN AMANULLAH
Sheo Bansh Singh – Appellant
Versus
Bihar School Examination Board – Respondent


Advocate Appeared:
For the Appellants :Mr. Awadhesh Kumar Mishra, Mr. Satyendra Kumar Mr. P.K. Neyogi, Advocates.
For the Respondents:Mr. Satyabir Bharti, Advocate.

ORAL ORDER

This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioners in CWJC No. 13753 of 2012 against the common judgment and order dated 15th October 2012 passed by the learned single Judge insofar as CWJC No. 13753 of 2012 is dismissed.

2. The appellants before us are the retired employees of the respondent Bihar School Examination Board (hereinafter referred to as “the Board”). On reaching the age of superannuation, the appellants retired from service prior to 23rd March 2006 but after 9th August 1999.

3. The State Government has, in exercise of power conferred by proviso to Article 309 of the Constitution, framed the Bihar State Employees Conditions of Service Conditions (“Assured Career Progression Scheme”) Rules-2003. Under the said rules, the State Government has approved Assured Career Progression Scheme (hereinafter referred to as “the ACP Scheme”). Under the ACP Scheme, the employees of the State Government are assured certain financial benefits on completion of specified years of service. The ACP Scheme has been made applicable with effect from 9th August 1999.

4. The appellants claimed that since the Board has adopted the rules applicable t







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