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SCALE (1)12
ACT:
Bihar Service Code, 1979: Section 74(b)(ii)--Order of
compulsory retirement--Couched in innocuous language ... respondent State, under
Rule 74(b)(ii) of Bihar Service Code, 1979, contending that
throughout his service of 30 years
Supreme Court of India
Nationalised Secondary Schools
would be determined as per Bihar Service Code and Rules issued by the State
Government from time ... teachers was regulated under Rule 78 of the Bihar Service Code. In order to remove
anomaly in the pay scales
Supreme Court of India
pension, if
property-Petition to enforce-Maintainability.
Bihar Service Code, r. 76-Automatic termination without
opportunity to show cause ... March 2,
1965 under r. 76 of the Bihar Service Code.' The petitioner
having completed 58 years of age addressed
Supreme Court of India
Sessions Judge, Madhubani, under
Rule 74 of the Bihar Service Code."
The office, thereafter, prepared the necessary note for
compulsory ... appellant under Rule 74 of the Bihar
Service Code. This note was considered by the Standing Committee
in its meeting
Supreme Court of India
drawn my attention to Rule 12 of the Bihar Service Code, Chapter
II, wherein "cadre" has been defined as follows ... strength of the service or a part of a service
sanctioned as a separate unit."
He has urged that
Patna High Court
Patna High Court
Bishundeo Mahto And Ors. vs State Of Bihar And Ors. on 30
Patna High Court
provisions of Rule
74(b)(ii) of the Bihar Service Code, 1952 (Bihar Code) and denying him
the benefit ... added "subject to Rule 74 of th
e Bihar
Service Code"
Now Rule 3 will read as under:
3. Over
Patna High Court
terms of Rule 76 (b)
of the Bihar Service Code. He further stated and laid great emphasis on
the fact ... Gupta the provision of Rule 76 of the Bihar Service Code, as it stood
at that time was presented before
Patna High Court
prescribed under Rule 74(b)(ii) of the
Bihar service Code having not been followed, the impugned decision
cannot ... Contended that Rule 74(b)(ii) of the Bihar Service Code
has no application. Counsel also submitted that
Patna High Court
Department on 22.08.1974 under Rule 5 of the Bihar
Service Code, prohibiting the payment towards the Gratuity as well ... leave encashment as per Rule 43(b) of the Bihar Pension
Rules. The order dated 06.06.2003 is as follows
Jharkhand High Court
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