The State Of Bihar & Ors vs Jitendra Nath Verma & Anr on 7 March, 2011
3. While assailing the validity of the order of learned
Single Judge, the learned Addl. Advocate General submits
that the action of the Board of Directors of the Corporation
adopting the Rules and Regulations of the State of Bihar
was its unilateral act and cannot bind the State of Bihar.
Therefore, the State of Bihar cannot be forced to allow
respondent no.1 to continue till the age of 60 years. The
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aforesaid notification dated 24.3.2005 was confined to the
employees of the State of Bihar. By deputation to the State
of Bihar, respondent no.1 does not become its employee. He
relies on the order dated 7.9.2009, passed by a Division
Bench of this Court in L.P.A. No.492 of 2008 (Md. Nijam
Vs State of Bihar), and the analogous appeal, and also the
judgment of a Division Bench of this Court in the Case of
The State of Bihar Vs Braj Mohan Prasad & Ors, reported
in 2010(1) P.L.J.R. 707.