STATE OF BIHAR Vs. NARENDRA PRASAD MISHRA

JUDGEMENT

(1.) State of Bihar and its Officers being, aggrieved by the order dated 11.9.2006 passed by a learned single Judge of this Court in CWJC No. 442 of 2006, disposing of the writ application and directing them to accord similar- benefit to the writ-petitioner-respondent herein given to the petitioner of CWJC No. 1458 of 1990 (1991(1) PLJR 330), has preferred this appeal under Clause X of the Letters Patent.

(2.) Facts which are not in disputes that the writ petitioner was appointed as Medical Officer in the year 1973 by the District Board, Sitamarhi. His services was taken over by the State Government by notification dated 16.3.1981. The concurrence of the Bihar Public Service Commission was obtained for that purpose. He superannuated from service on 31.12.2003. Later on the State Government took decision that the services rendered by the Teachers, Sanitary Inspectors and Compounders in the District Board shall be counted as pensionable service. Other categories of the employees, viz; Dresser, Health Inspector, District Engineer, Male Attendant and Overseer appointed by the District Board and whose services were taken over by the State Government, when denied this benefit filed writ application praying for the same benefit. A Division Bench of this Court by order dated 3rd of July, 1989 passed in CWJC No. 5869 of 1986 (Ramphal Prasad v. State of Bihar and Ors.) and analogous case disposed of those petitions directing the State Government to apply the decision taken in respect of the Teachers, Sanitary Inspectors and Compounders to other categories of employees whose services were taken over on the following premise:

(3.) As stated earlier the writ petitioner was a Medical Officer whose service was taken over by the State Government. One of such Medical Officers filed writ application before this Court, inter alia contending that the services rendered by him in the District Board is fit to be counted as a pensionable service.