The State of Bihar and ors Vs. Shashi Kumar Singh and ors

The State of Bihar and ors vs Shashi Kumar Singh and ors

Type Court Judgment Court Patna Decided May 18, 2012

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https://sooperkanoon.com/case/973299

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Citation: sooperkanoon.com/973299
Court: Patna High Court
Decided On: May 18, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

The State of Bihar and ors

Respondent

Shashi Kumar Singh and ors

Excerpt

.....implemented to the extent that the reinstatement of the writ petitioners, who have not reached the age of superannuation, will be ad hoc subject to the result of the appeal. on such reinstatement in service, the concerned writ petitioners will be entitled to the notional increments and pay fixation and salary in the prevalent scale of pay. the writ petitioners, who have reached the age of superannuation, will be entitled to notional increments and pay fixation in the scale of pay prevalent on the date they reached the age of superannuation. such writ petitioners will be entitled to receive pension from 1st december 2010. the aforesaid exercise of pay fixation and computation of pension will be completed within three months from today. till the pension payment orders are made, such writ petitioners will receive ad hoc pension of rs. 5,000/- (rupees five thousand) commencing from 1st december 2010. the arrears of such ad hoc pension will be paid within six weeks from today. on finalization of pay and pension order, the amount of ad hoc pension paid under this order will be adjusted. the aforesaid directions are issued subject to the result of the appeal. (r.m. doshit, cj) (birendra prasad verma, j) dilip.

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 1174 of 2011 In Civil Writ Jurisdiction Case No. 8847 of 1997 With Interlocutory Application No. 5710 of 2011 And Interlocutory Application No. 5711 of 2011 In Letters Patent Appeal No. 1174 of 2011. ====================================================== The State of Bihar & Ors. .... .... Appellant/s Versus Shashi Kumar Singh & Ors. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sudhir Kumar, AC to AAG 2.For the Respondent/s : ----- ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE”

18. 01-2012 Though served, the respondents have not entered appearance. Re. Interlocutory Application no. 5710 of 2011. The delay of 119 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1174 of 2011. Admit. To be heard with LPA No. 1057 of 2011. Re. Interlocutory Application no. 5711 of 2011. Rule. To be heard with LPA 117.of 2011. 2 Patna High Court LPA No.1174 of 2011 (8) dt.18-01-2012 2/2 Pending the Appeal, the impugned judgment will be implemented to the extent that the reinstatement of the writ petitioners, who have not reached the age of superannuation, will be ad hoc subject to the result of the Appeal. On such reinstatement in service, the concerned writ petitioners will be entitled to the notional increments and pay fixation and salary in the prevalent scale of pay. The writ petitioners, who have reached the age of superannuation, will be entitled to notional increments and pay fixation in the scale of pay prevalent on the date they reached the age of superannuation. Such writ petitioners will be entitled to receive pension from 1st December 2010. The aforesaid exercise of pay fixation and computation of pension will be completed within three months from today. Till the Pension Payment Orders are made, such writ petitioners will receive ad hoc pension of Rs. 5,000/- (Rupees Five Thousand) commencing from 1st December 2010. The arrears of such ad hoc pension will be paid within six weeks from today. On finalization of pay and pension order, the amount of ad hoc pension paid under this order will be adjusted. The aforesaid directions are issued subject to the result of the Appeal. (R.M. Doshit, CJ) (Birendra Prasad Verma, J) Dilip.

Same Court & Year Patna · 2012 Same Parties The State of Bihar and ors vs Shashi Kumar Singh and ors Same Subject Education