DHIRENDRA KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have submitted that although after litigation ended up to Supreme Court they were appointed under the same selection process. However, their appointment is being treated as fresh and without having been given the benefit of being in the merit in the original selection.

(2.) Learned counsel submits that once it is found that on account of fault of the respondents, the petitioner was denied appointment, he is entitled for notional continuance of service as well as seniority from the same day though he may not be granted actual pay, notional pay-fixation is required to give to him. Learned counsel relies on an order passed in a similar case in C.W.J.C. 4129/2016 decided by coordinate bench on 3/5/2018.

(3.) I have considered the submission, the Supreme Court passed a detailed judgment in S.L.P. Civil Appeal 4270/2014, Naushad Anwar and ors. Vs. State of Bihar and ors. and connected similar case and after considering all the aspects it allowed the appeals of the petitioner and passed following operative order: