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2019 Supreme(Pat) 846

ASHUTOSH KUMAR
Bihar State Electricity Employees Association – Appellant
Versus
Bihar State Power Holding Company Ltd – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Kumar Kaushik, Advocate
For the Respondent:Mr. Vinay Kirti Singh, Sr. Advocate

JUDGMENT :

1. Heard the learned counsel for the parties.

2. The petitioners had earlier approached this Court vide C.W.J.C. No. 5532 of 2019 for a direction to the respondents to count the services rendered by them prior to their regularization for the purposes of grant of financial progression like A.C.P. and M.A.C.P. This Court vide order dated 09.04.2019 had directed the General Manager (Human Resources), Bihar State Power Holding Company Limited to dispose off the representations preferred by the petitioners and pass a reasoned order in accordance with law, within a period of six weeks from the date of production of a copy of that order.

3. Pursuant to the aforesaid direction, an order has been passed by the General Manager, Human Resources, Bihar State Power Holding Company on 29.04.2019, rejecting the claim of the petitioners on the sole ground that the petitioners at the time of their regularization had given an undertaking that they are willing to be appointed on the terms and conditions specified by the company and that they shall not be entitled to claim any benefit for the period of service spent on contract basis if they are appointed in the time-scale of pay of regular po

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