GOPAL PRASAD Vs. BIHAR SCHOOL EXAMINATION BOARD
SUPREME COURT OF INDIA
BIHAR SCHOOL EXAMINATION BOARD
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INDIRA BANERJEE.J. -
(1.)I have gone through the draft judgment prepared by my esteemed brother, but have unfortunately not been able to agree that the appeal should be dismissed.
(2.)The appeal is against an order dated 3.8.2012, passed by a Division Bench of the High Court of Judicature at Patna, dismissing Letters Patent Appeal No. 1090 of 2012 and affirming the order of the Single Bench dated 24.4.2017 dismissing the Writ Petition CWJC No. 7718 of 2012, filed by the Appellant.
(3.)The Appellant was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20th May 1970, at about 15 years of age . It is not in dispute, that on the date of appointment of the Appellant, that is, 20th May 1970 there was no minimum age prescribed for appointment to the post of Calligraphist-cum-Assistant. However, the minimum age of entry into pensionable service was 16 years. This meant that the period of service of an employee before attaining the age of 16 years, would not count towards pension.
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