RANENDRA NATH SARKAR Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HAVING considered the submissions made on behalf, of the respective parties, we are satisfied that sufficient ground has been made out for condoning the delay in filing the appeal. The application for condonation of delay is, accordingly, allowed and the delay of 14 days in filing the appeal is condoned. L.P.A. No. 741 of 2004

(2.) SINCE learned counsel is present on behalf of the respondents, the appeal is taken up on merit.

(3.) THE learned Single Judge, while taking note of the provisions of Rule 101 of the Bihar Pension Rules, was of the view that since, according to the records, the writ petitioner had been appointed afresh in 1973, the question of continuity in service did not arise. The learned Single Judge treated the subsequent appointment of the writ petitioner as a fresh appointment w.e.f 1973 which did not entail him to get the benefit of the earlier period of service, as claimed by the writ petitioner. On such finding, the learned Single Judge dismissed the writ petition.