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2019 Supreme(Pat) 112

A. P. SAHI, ANJANA MISHRA
Shamsher Bahadur Singh – Appellant
Versus
State Of Bihar Through Chief Secretary – Respondent


Advocates:
Advocate Appeared:
S.D. Sanjay, Adv., Mohit Agarwal, Adv., Priya Gupta, Adv., Rohitabh Das, Adv., Sushil Kumar Singh, Adv.

JUDGMENT :

AMRESHWAR PRATAP SAHI, J.

1. Heard Shri S.D. Sanjay, learned Senior Counsel for the appellant and Shri Rohitabh Das, Assistant Counsel to Additional Advocate General No. 10 for the State of Bihar.

2. The appeal which has given rise to this controversy has arisen out of the order passed by the Department of Labour, Government of Bihar dated 24th August, 2016, whereby the State Government has refused to accept the contention of the appellant for extending him the benefit of enhancement of the age of superannuation from 60 to 65 years on the ground that the appellant has already been absorbed in a different cadre of the Labour Department, whereas his initial Parent Department was of the Health Services and consequently no such benefit can be extended.

3. There is no dispute about the fact of the appellant having been initially appointed in the Health Services of the Government of Bihar and later on being transferred to the Labour Department where he occupied different posts and ultimately upon being appointed as the Inspector of Factories (Medical) he came to be absorbed against the said post. The impugned order further records that on account of his absorption, he looses his l









































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