Bihar School Examination Board vs Yugeshwar Roy on 26 April, 2010

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Patna High Court - Orders

Bihar School Examination Board vs Yugeshwar Roy on 26 April, 2010

Bench: Navin Sinha

                            IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       LPA No.738 of 2010
        1. BIHAR SCHOOL EXAMINATION BOARD, (HIGHER SECONDARY), PATNA THROUGH
        ITS SECRETARY.
        2. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, (HIGHER SECONDARY),
        PATNA
        3. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, (HIGHER SECONDARY),
        PATNA
                                             Versus
        1. YUGESHWAR ROY, S/O LATE BALDEV ROY, R/O VILLAGE-MOHAMADBIGHA,P.O.-
        BASUDEVPUR,VIA-NAGAR,P.S.-KALYANPUR,DISTRICT-SAMASTIPUR.
                                          -----------
                    For the Appellants: Mr, Lalit Kishore, Sr. Advocate,
                                        Additional Advocate General No. 3
                    For the Respondent: Mr S.A.Narain, Sr.Advocate, with
                                        Mr. Sunil Kumar Singh, Advocate
                                            ------------


2.   26.04.2010

We have heard learned Additional Advocate General No. 3 on behalf of the appellants and learned Senior Counsel Shri Shashi Anugrah Narain on behalf of the respondent.

The respondent was an employee of the erstwhile Bihar Intermediate Education Council. Under Section 27 of the Bihar Intermediate Education Council Act (hereinafter referred to as the Intermediate Council Act) the service conditions of the staff and officers of the Council was to be the same as that of staff and officers of the University. In accordance with Section 67 of the Bihar State Universities Act, 1976 the age of superannuation fixed under the latter was 62 years.

The Intermediate Council Act was repealed by Bihar Intermediate Education Council (Repeal) Act, 2007 (hereinafter called as 'the Repeal Act'). Section 3(1) of the same provided that those in the employment of the Intermediate Council on the date of repeal shall remain in employment as if the Act had not been repealed and shall be paid the same salary and allowances as on the date of repeal till such time that the State Government takes a final decision in the manner thereafter 2 provided. The actual date of repeal after publication in the Gazette is 19.4.2007.

Section 3 (2) of the Repeal Act provided that the State Government shall constitute a Committee of Secretaries consisting of three Secretaries who shall prepare the scheme of absorption and retirement. We are not concerned with the other conditions mentioned in Section 3(2) with regard to employees of the erstwhile Council. The State Government reserved the right to modify, amend or suggest modification to the recommendation that may be made by the Committee of Secretaries.

We see no reason to take a view different from that taken in the judgment under appeal that till such time that the Committee of Secretaries does not frame the scheme for absorption and retirement followed by its approval by the Government in terms of the Repeal Act, the age of superannuation of the erstwhile employees of the Bihar Intermediate Education Council who have continued in employment by virtue of the Repeal Act under the Bihar School Examination Board shall be governed by Section 27 of the Intermediate Council Act.

We do not consider it proper at this stage to deal with the interpretation and counter interpretation of Sections 3(1) and 3(2) of the Repeal Act till such time that the Committee of Secretaries do not take a decision in accordance with law which may be approved, not approved, modified by the State Government, as every thing remains in the realm of speculation till then.

The appeal stands disposed with the aforesaid observations.

(Navin Sinha,J.) (Dinesh Kumar Singh,J.) Snkumar/-

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Patna High Court - Orders