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2022 Supreme(Pat) 647

P. B. BAJANTHRI, PURNENDU SINGH
Bihar Intermediate Education Council Employees Association, Patna – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellants : M/s Arun Kumar Sinha, Ajit Narayan Lall.
For the Resp.-State : Mr. Shashi Shekhar Tiwari.
For the B.S.E.B. : Mr. Satyabir Bharti.
For Resp. Nos. 7 to 9 : Mr. Harsh Singh.

P. B. Bajanthri, J.—In the instant Letters Patent Appeal, appellant has assailed the order of learned Single Judge dated 24.10.2016 passed in C.W.J.C. No. 17414 of 2013. The Appellant Association is consisting of various cadre posts in the then Bihar Intermediate Education Council. The aforesaid Council was dissolved. In the result, assets and liabilities was taken over by State Government adjusting employees of the then Bihar Intermediate Education Council in the Bihar School Examination Board. Their grievance is to count the service rendered in the Bihar Intermediate Education Council in the Bihar School Examination Board while granting seniority. In denial of seniority, the Appellant Association filed CWJC No. 17414 of 2013 which was rejected, hence the present Letters Patent Appeal.

2. Learned counsel for the appellants vehemently contented that employees of the then Council are entitled to count their past service in the Council in the Bihar School Examination Board towards grant of seniority which has been denied. Such a denial is in violation of Articles 14 and 16 of the Constitution. In this regard, he has pointed out Clauses of Bihar Intermediate Education Council Act, 1992

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