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2021 Supreme(Pat) 996

ANIL KUMAR UPADHYAY
Santosh Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nilendu Kumar Choudhary, Mr. Manish Kumar, Advocate
For the Respondent: Mr. Anil Kumar, AC to SC

JUDGMENT :

1. Learned counsel appearing on behalf of the petitioners seeks permission to make necessary corrections in the name of petitioner no.40 in the cause title of the writ application.

2. Let the aforesaid correction be made during course of the day.

3. Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Petitioners have approached this Court for a direction to the respondents to grant the benefit of old Pension Scheme as they were recruited as constables pursuant to Advertisement 01/2004 and in the same transaction, constables were appointed in different districts as cut-off date was fixed as 31.08.2005 and they have been granted the benefit of old Pension Scheme but the case of the petitioners was delayed and they have been subjected to new Pension Scheme. The petitioners have challenged the action of the respondents as arbitrary, unreasonable and discriminatory.

4. Learned counsel for the petitioners submits that the issue raised in the present writ application is no more res integra and identical issue was decided by this Court in CWJC 16468 of 2016 and analogous cases. Similar issue in the case of Ganpati Singh

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