UMAPATI CHOUDHARY versus STATE OF BIHAR

UMAPATI CHOUDHARY versus STATE OF BIHAR

Since 1981, appellant held the post with consent of parent department, borrowing authority, and himself; there is no material indicating mala fide or favouritism; having retired, appellant should be treated as permanent employee of the Board for the purpose of retirement benefits.

Source-derived case information.

Parties
Appellant: Umapati Choudhary; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
14 May 1999
Procedural Posture
Civil Appeal and Writ Petition / Decision on Appeal and Writ Petition
Outcome
appeal and petition allowed
Legal Topics
Deputation, Permanent Absorption, Retirement Benefits
Service Law Deputation Permanent Absorption Retirement Benefits

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Parties

Umapati Choudhary

Appellant

State of Bihar

Respondent

Procedural Posture

Civil Appeal and Writ Petition / Decision on Appeal and Writ Petition

Legal Issues

  1. 1 Whether the appellant should be treated as a permanent employee of Bihar Sanskrit Shiksha Board or was on deputation from Kameshwar Singh Darbhanga Sanskrit University

Ratio Decidendi

Since 1981, appellant held the post with consent of parent department, borrowing authority, and himself; there is no material indicating mala fide or favouritism; having retired, appellant should be treated as permanent employee of the Board for the purpose of retirement benefits.

Court Disposition

appeal and petition allowed

Orders

  • Impugned judgment of Patna High Court dated 17.12.1991 in C.W.J.C. No. 6054 of 1991 is set aside.
  • Orders dated 17.3.1992, 20.3.1992, and 21.3.1992 are quashed.