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2016 Supreme(Pat) 1253

ASHWANI KUMAR SINGH
Kashi Nath Singh Son of Radhacharan Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Mahendra Prasad Verma, Advocate
For the Respondent: Mr. Tej Bahadur Singh, AAG7

JUDGMENT :

Ashwani Kumar Singh, J.

1. Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Accountant-General.

2. This batch of writ petitions filed under Article 226 of the Constitution of India raises a common issue primarily relatable to the right of the retired teachers of primary schools, who were initially appointed on stipend basis on a non-substantive post and whose services were subsequently adjusted in a permanent establishment of the State for counting the period during which they rendered their services on stipend basis for the purpose of pension, revision of pay, etc.

3. The petitioners were initially appointed as Assistant Teachers in different schools of Bhojpur district on monthly stipend on purely temporary basis. Subsequently, they were adjusted in regular scale. After working for over three decades in regular establishment on attaining the age of superannuation, they retired from service between 31st July, 2007 and 31st August, 2009.

4. It is not in dispute that they have been paid their wages while working on stipend basis and they got their salary and other emoluments in regular scale after their adjustment in permanen


















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