STATE OF BIHAR Vs. S A HASSAN
SUPREME COURT OF INDIA (FROM: PATNA)
STATE OF BIHAR
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Phukan, J. -
(1.)These two appeals by special leave arise from the judgment dated 5-2-1999 of the Patna High Court, Ranchi Bench. Briefly stated facts are as follows :-
(2.)The MGM Medical College used to be run by a private registered society. The respondents in these two appeals were employees of the College. By Bihar Private Medical Colleges (Taking Over) Act, 1977 (for short 'the Act'), the State Government by issuing a notification under sub-section (1) of Section 3 of the Act took over the management of the college on 22nd of January, 1979. In terms of the provisions of the Act both the respondents continued as employees of the college on an ad hoc basis and, thereafter, their services were regularised in terms of Section 6 of the Act. They retired from the service on attaining the age of superannuation and their pension and pensionary benefits were granted, counting the period of service from the date of taking over of the college till the date of retirement. Both the respondents filed two separate writ petitions before the High Court claiming that they are entitled to get the benefit for the period of service from the initial appointment in the college under the private management till their date of retirement. Both the petitions were heard together and by the impugned judgment, writ petitions were allowed and the benefits were directed to be given by the State Government. Hence, the State is in appeal before this Court.
(3.)From the impugned judgment we find that the matter came up before a learned Single Judge of the High Court who after noticing two conflicting decisions on the subject directed the matter to be placed before the Full Bench after obtaining the order of the Hon'ble Chief Justice. In the impugned judgment, the Division Bench was of the opinion that it was not a fit case that may be referred to a Full Bench as the point involved was no longer res integra 'inasmuch as the question has already been decided in several cases by the Division Bench of this Court'. Reference was made by the Division Bench to some earlier judgments of the Court. Accordingly, by the impugned judgment, relief as prayed for was granted by allowing both the writ petitions.
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