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2020 Supreme(Pat) 612

HEMANT KUMAR SRIVASTAVA, PRABHAT KUMAR SINGH
State of Bihar – Appellant
Versus
Jivachi Devi – Respondent


Advocates:
For the Appellants : Mr. Syed Hussain Majeed.
For the Respondents: Mr. Manoj Kumar Jha.

PRABHAT KUMAR SINGH, J.:–Heard learned counsel for the appellants as well as learned counsel for the sole respondent.

2. The instant Letters Patent Appeal is preferred against the judgment dated 2.2.2017, passed by the learned Single Judge in C.W.J.C.No. 679 of 2015, whereby he has allowed the writ application and directed the State authorities to examine the case of the writ petitioner Jagdev Das, since deceased, and pass the order for all consequential benefits. In the present case, the husband of the respondent was appointed as ‘Van Mazdoor’ in the year 1973 and later on his post was converted as ‘Karyadarshak’ from the date of his appointment. In the year 1985, he was brought to regular establishment and he was made Correspondence Clerk. He was granted the first time bound promotion w.e.f. 21.12.1983 and was granted monetary benefit from 1987. The husband of the respondent, in order to clear the departmental examination in Accounts, appeared in the year 1999, but he failed to do. After reaching the age of 50 years, he applied for exemption from passing the departmental examination in the year 2005, which remained pending with the authority concerned and, ultimately, he superannu

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