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2021 Supreme(Pat) 926

MOHIT KUMAR SHAH
Bablu Kumar Mahtha – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
Sanjeet Kumar, Advocate, Anil Kumar, Advocate

JUDGMENT :

Mohit Kumar Shah, J.

The present writ petition has been filed seeking the following reliefs:-

    I. For issuance of a writ in the nature of mandamus or any other appropriate writ for commanding the respondents to grant seniority and to extend the benefit of Old pension scheme and Government Provident Fund instead of Contributory Pension scheme and Contributory Provident Fund to the petitioners and also the benefit in the pension with effect from the date of recommendation by Bihar Public Service Commission (hereinafter referred to as "B.P.S.C." only).

II. For holding that the petitioners having been appointed pursuant to the recommendation of B.P.S.C., is entitled for the same benefits as extended to other recommended candidates including grant of Old Pension Scheme and Contributory Provident Fund as well as seniority and the resolution dated 31.08.05 issued by the department of Finance, Patna, Bihar cannot be made applicable with respect to the petitioners.

2. The facts, which are not in dispute, are that an advertisement bearing Advertisement No. 12 of 1998 was published on 26.01.1998 in the daily newspaper "Aaj" by the B.P.S.C., inviting applications from eligible candidates

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