KESHAV KUMAR, SON OF SRI LAXMIKANT THAKUR, RESIDENT OF VILLAGE LAKHNOUR, POLICE STATION LAKHNAUR, DISTRICT MADHUBANI, AT PRESENT MOHALLA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Noticing conflict between the two Division Bench decisions of this Court, one in case of Abhay Kumar Rai and others Vs. State of Bihar and others reported in 2001 (4) PLJR 245 and in case of Ram Swarath Yadav and others Vs. The State of Bihar and others vide order, dated 29.06.1998, passed in LPA No. 162 of 1990 , this matter has been referred by a Division Bench of this Court for consideration and resolving the conflict between the said two decisions, by a Full Bench.

(2.) Following is the order, dated 17.02.2009, whereby the matter has been referred by the Division Bench to the Full Bench for consideration:-

(3.) It is evident from the order of reference as quoted above, that the conflict revolves around interpretation and consequence of a policy decision of the State of Bihar, ascertained in letter No. 8167, dated 21.06.1966 issued by the Appointment Department. To allay any doubt or confusion, it is pointed out that the letter number and date of issuance of policy decision in question appears to have been wrongly typed in the order of reference as letter No. 8176, dated 21.6.1976 in place of letter No. 8167, dated 21.06.1966.