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2019 Supreme(Pat) 91

NILU AGRAWAL
Binay Kumar Thakur, Son Of Raj Narain Thakur – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
Sanjay Kumar Singh, Adv., Chittranjan Sinha, Adv.

JUDGMENT :

Nilu Agrawal, J.

1. Heard learned counsel for the petitioner and learned counsel appearing for the respondent-State.

2. The present writ application has been filed for quashing of the impugned notification as contained in Memo No. 01/Estb.-09/2013-12010(S) dated 12.12.2014, as contained in Annexure-20 to this application, issued by Respondent No. 3, the Additional Secretary to the Government, Road Construction Department, Government of Bihar to the extent that while accepting the technical resignation of the petitioner from the post of Executive Engineer, Road Construction Department, Patna on account of appointment of the petitioner by way of absorption against the post of Deputy General Manager (Technical), in the National Highways Authority of India, New Delhi (hereinafter referred to as the 'NHAI') pension and other post retiral benefits to the petitioner had been denied. The application for technical resignation enabling the petitioner to join NHAI was a conditional offer, hence, a conditional offer and not a resignation simpliciter would not entitle the respondent authorities to forfeit the benefit of pension and other post retiral benefits. Petitioner has also prayed


















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