STATE OF JHARKHAND Vs. BIMAL KUMAR SINHA

JUDGEMENT

(1.) ORDER dated 2.5.2003 passed by the learned single Judge in WP (S) No. 6440 of 2002 has been challenged in this appeal filed on behalf of the appellant -State.

(2.) IN our view, the order passed by the learned single Judge is not correct in view of the fact that earlier appointment of the respondent was made under the Scheme, which was abolished and the respondent was re -appointed on the condition that his past services will not be taken into account, since the post on which he worked was not a substantive post and therefore the respondents is not entitled to pensionary benefits as per Rule 58 of the Bihar Pension Rules.

(3.) THE above observation of the Apex Court is applicable to the facts of case in hand. We find that the appointment of the respondent was made under the Scheme which was abolished and therefore the respondent was re -appointed on the specific condition that past services rendered by him will not be taken into account. In this view of the matter, the order passed by the learned single Judge suffers from illegality and is contrary to the ratio decided by the Supreme Court. For the foregoing reasons, this appeal is allowed and the order passed by the learned single Judge is set aside.