THE BIHAR SCHOOL EXAMINATION BOARD (SENIOR SECONDARY), BUDDHA MARG, PATNA Vs. ANUJ KUMAR SINGH, SON OF SRI RAGHUPATI SINGH, RESIDENT OF VILLAGE

JUDGEMENT

(1.) The Bihar School Examination Board (for short the Board) is in this intra-court appeal assailing the judgment and order dated 19.06.2013, passed in C.W.J.C. No. 20210 of 2012 whereby learned Single Judge allowed the writ petition filed by the respondents herein and directed their absorption with full continuity with the Board. The Board challenges the correctness of the judgment on a very short ground.

(2.) With the consent of parties as all parties are represented, we have heard them for final disposal of the appeal at this stage itself.

(3.) The facts are not in dispute. The writ petitioners-respondents admittedly were working as daily wagers though for more than a decade in the Bihar Intermediate Education Council (for short the Council) as Assistants and Routine Clerks. In 2007, State Government decided to abolish the Council and subsequently to entrust the Board with the duties of supervising and conducting courses leading to intermediate qualification. Accordingly, Bihar Intermediate Examination Council (Repeal) Act, 2007 was passed; Sec. 3 thereof was a transitory provision safeguarding the interest of the employees of the erstwhile Council. It, inter alia, provided that all the employees, who were working in the Council, would be deemed to be continuing to work, as such, notwithstanding repeal and abolition of the Council. A statutory Committee would be set up to look into their status and their placement in any Government position or Government control body and be absorbed therein.