STATE OF BIHAR Vs. ANIT KUMAR SINGH

JUDGEMENT

(1.) The State/petitioners have sought review of the judgment dated 27.09.2018 passed in LPA No. 767 of 2017 arising out of C.W.J.C. No. 5021 of 2011 on the ground of the judgment being based solely upon the judgment dated 20.07.2011 passed in Prabhat Shankar Poddar versus State of Bihar (C.W.J.C. No. 8171 of 2007) and LPA No. 2006 of 2011 arising out of the aforesaid case, which has yet not attained finality.

(2.) The review of the judgment is further sought on the ground that the Division Bench did not appreciate the difference between Treasury Clerks and Clerks in the Treasury, about which no definitive pronouncement was given in the judgment which had been relied upon by the Division Bench.

(3.) The judgment impugned sustains the order passed by the learned Single Judge dated 25.10.2016 in C.W.J.C. No. 5021 of 2011 whereby the notification contained in Memo No. 2856 dated 06.04.2016 issued under the signature of Secretary (Resources) of the Finance Department has been set aside and the benefits of Bihar State Employees Service Condition (Assured Regular Progression Scheme) Rules, 2003 has been given to such employees also who have been appointed in the Treasury on compassionate ground.