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2017 Supreme(Pat) 317

CHAKRADHARI SHARAN SINGH
Mahendra Kumar Mishra S/O Late Bisheshwar – Appellant
Versus
State of Bihar – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sidhendra Narayan Singh and Mr. Rama Kant Singh, Advocates, Mr. Ashok Kumar Mishra-2, Mr. Varun Kumar-I, Mr. Ashok Kumar Washisht and Mr. Md. Rais, Advocates, Mr. Sitesh Chandra Mitra, Advocate, Shri Prakash Srivastava, Advocate
For the Respondent:Mr. (AAG-5), Mr. (SC-23), Mr. S.S. Shabbar Hussain, GP4, Mr. Parth Sharthi, Advocate

JUDGMENT AND ORDER :

1. The common dispute, which the present batch of writ applications filed under Article 226 of the Constitution of India, involve is as to whether such employees, who were working in different Boards/Corporations owned by the State Government of Bihar, and were placed, on deputation, under the Directorate of Provident Fund, Bihar, upon their subsequent absorption in the Directorate after coming into force of New Pension Scheme of the State Government (with effect from 01.04.2005) can claim as of right, their entitlement for pensionary benefits under the Bihar Pension Rules, 1950, on the plea that they had been serving the Directorate of the State of Bihar, though on deputation, till their final absorption in the year 2006.

2. In the present batch of writ applications, the petitioners have questioned, inter alia, the legality and sustainability of an order passed by the Principle Secretary, Finance Department, Government of Bihar, dated 12.04.2010 in compliance of an order of this Court, dated 05.01.2010 passed in CWJC No. 15784 of 2009 (Mahendra Kumar Mishra and others v. State of Bihar and others), whereby the State Respondents were directed to consider the case


























































































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