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2018 Supreme(Pat) 526

RAJENDRA MENON, ANIL KUMAR UPADHYAY
State of Bihar through the Secretary, Department of Animal Husbandry and Fisheries – Appellant
Versus
Prabhakar Mishra, Son of Late Kedar Nath Mishra – Respondent


Advocates Appeared:
For the Appellant : Mr. Kumar Ravish, AC to Ga-1

JUDGMENT :

Rajendra Menon, J.

Delay in filing the appeal is condoned.

2. I.A. No. 2173/2017 stands allowed and disposed of.

3. Substitution of legal heirs of respondent No. 3 is allowed. Let necessary corrections be made in the cause title.

4. I. A. No. 9272 of 2017 stands allowed and disposed of.

5. Seeking exception to an order dated 24.11.2016 passed by the learned Writ Court in CWJC No. 9071/2014, this appeal has been filed by the appellants-State under Clause 10 of the Letters Patent.

6. Facts, in brief, necessary for decision on the appeal, are that the employees concerned were originally working in the Dairy Development Corporation, a Corporation managed and controlled by the State of Bihar. However, the Corporation went into financial crisis and therefore, the entire work of the Corporation was taken over by the Department of Animal Husbandry in the Government of Bihar and by a notification dated 7th March, 1986, Annexure-3 to the writ petition, the services of the respondents herein were absorbed and they became Government employees.

7. When their cases for grant of ACP/MACP under the ACP and MACP Rules were not considered, they represented and when the representation was not prop











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