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2023 Supreme(Pat) 538

ASHUTOSH KUMAR, HARISH KUMAR
Md. Wasim Uddin S/o Late Md. Salim Uddin – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mahesh Prasad Singh.
For the Respondent: Yashraj Bardhan.

JUDGMENT :

HARISH KUMAR, J.

1. The challenge in the present Letters Patent Appeal is to an order of the learned Single Judge dated 25.06.2019 passed in C.W.J.C. No. 6140 of 2015 and other analogous writ petitions whereby the claim of the appellant and other identically situated employees of the Bihar Industrial Area Development Authority (hereinafter referred to as ‘the BIADA’) for grant of pension have been turned down.

2. The short facts, which led to the filing of the present appeal is that the appellant was appointed on the post of Typist-cum-Clerk on 27.08.1976 by the three Men Committee headed by the Managing Director of the BIADA in North Bihar Industrial Area Development Authority Limited, who was subsequently transferred to Darbhanga Industrial Area Development Authority and promoted on the post of Assistant and after serving for over a period of 37 years, superannuated on 31.01.2014.

3. It is the case of the appellant that different Industrial Area Development Authorities were created by the State Government on the basis of the Ordinance way back in the year 1972 and 1973 and subsequently, the Bihar Industrial Area Development Authority Act was enacted and under the Act diffe

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