RANDHIR KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Seeking exception to an order dated 12.12.2012 passed by the learned Writ Court in C.W.J.C. No. 4589 of 2012 this appeal has been filed under Clause 10 of the Letters Patent.

(2.) Appellant was working as an In Service Airman. He claimed settlement of land in accordance to a policy decision of the State Government contained in Memorandum No. 4725 dated 14/16.8.1972 (Annexure-7). Clause 2 of the aforesaid circular contemplated various provisions for allotment of land to such persons. Clause 2(K) dealt with grant of benefit to such persons who are in service and were entitled for settlement and Clause 2(Gha) dealt with the policy for grant of land to retired personnel, namely, ex servicemen. By an amendment made on 24th of August, 1990 the provisions of Clause 2(Gha) were amended and it was stipulated that even for a retired army personnel or ex serviceman, their claim would be considered as is to be considered in the case of in service personnel, subject to the condition that the retired person is a landless person.

(3.) Applying this amendment to Clause 2(Gha) incorporated on 24.08.1990, the claim of the appellant was rejected and the learned Writ Court having upheld the same, this appeal.