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2019 Supreme(Pat) 884

AMRESHWAR PRATAP SAHI, ANJANA MISHRA, ASHUTOSH KUMAR
Amrika Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Bam Bahadur Jha, Adv., Siyaram Pandey, Adv., Vishwambhar Prasad, Adv.,
For the Respondent: Gautam Bose, Adv., S. Raza Ahmad, Adv., Prabhat Ranjan, Adv.

JUDGMENT :

Ashutosh Kumar, J.

1. In view of the difference of opinion noted by a learned Single Judge of this Court in the two Division Bench Judgments, namely, Civil Review No. 210 of 2014, arising out of L.P.A. No. 416 of 2013 dated 21.09.2015 (State of Bihar & Ors. Versus Sheela Devi and other analogous cases) as well as in L.P.A. No. 12674 of 2017 dated 04.01.2018 (Binod Kumar & Ors. Versus State of Bihar & Ors.), with respect to counting of the period of work-charged service for the purposes of computing pensionary benefits and the length of pension able service, the matter has been referred to a Larger Bench for an authoritative pronouncement.

2. Hence, the constitution of the present Full Bench.

3. The learned Single Judge in Raghunath Sahani, since dead, and now represented by Smt. Amrika Devi and three others, noted the difference between two Division Bench Judgments in as much as in Sheela Devi (supra), the Division Bench had directed for taking into account of the entire period of work-charged tenure for being counted for pensionary benefits whereas in Binod Kumar (supra), the Division Bench, taking into account the Work-Charged Establishment Revised Service Condition (Repea

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