Rekha Jha vs State of Bihar - 2023 Supreme(Pat) 264

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 264

RAJIV ROY
Rekha Jha – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioner: M/s Y.V. Giri, Sr. Adv., Pramod Mishra.
For the Opp. Parties : M/s P.K. Shahi, AG, Binita Singh, SC 28, Vivek Anand Amritesh, AC to SC 28.

Rajiv Roy, J.—Heard Mr. Y.V. Giri, learned Senior counsel for the petitioners and Mr. P.K. Shahi, learned Advocate General for the State.

2. The present contempt petition has been preferred for the compliance of the order dated 04.10.2017 passed in CWJC No. 7231 of 2012 by which direction was given to the respondents to treat the petitioners as having continued in service by clubbing the two periods during which they actually served for the purpose of post retiral benefits without any entitlement of salary and/or seniority during the intervening period, they were out of service.

3. This Court deems it appropriate to incorporate the entire order dated 04.10.2017 in CWJC No. 7231 of 2012 which read as follows:—

“The present writ petition has been filed for a direction to the respondents to count the service period of the petitioners with effect from their initial appointment made between 1985-37 on the post of Non- Formal Education Supervisors under the Non-Formal Education Project, as the petitioners who have been appointed afresh on the post of Clerk by way of absorption along with several other retrenched Non-Formal Education Supervisors vide a policy decision of Government of Bihar,