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2022 Supreme(Pat) 328

MOHIT KUMAR SHAH
Ishwar Chandra Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Anju Mishra
For the Respondent: Mr. Md. N.H. Khan.

JUDGMENT

MOHIT KUMAR SHAH, J.:–

The present writ petition has been filed for directing the Respondent authorities to pay all the retiral benefits as also the consequential benefits to the writ petitioner counting his pensionable service right from his first appointment in the Bihar State Construction Corporation Limited on 15.05.1977 till his retirement on 30.09.2015, after being absorbed as non-medical assistant at Primary Health Centre, Kuthani, under the Muzaffarpur Surgency, under the Health Department, Government of Bihar, Patna.

2. The brief facts of the case are that the petitioner, pursuant to an advertisement issued in the year 1976 had applied for appointment on the post of typist in the Bihar State Construction Corporation Ltd. and after going through the selection process, he was appointment vide letter dated 28.03.1977, whereafter he submitted his joining on 15.05.1977 in the office of Construction Superintendent (Field), Patna as Typist. Subsequently, the Department of Personnel and Administrative Reforms, Govt. of Bihar, took a policy decision vide resolution dated 5.5.1979 regarding absorption of surplus employees working in various Boards/ Corporations in the State of

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