GULAB CHAND AGRAWAL Vs. STATE OF BIHAR
LAWS(SC)-2006-11-198
SUPREME COURT OF INDIA
Decided on November 29,2006

Gulab Chand Agrawal Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

S.B. Sinha, J. - (1.)Leave granted.
(2.)This appeal is directed against the judgment and order dated 16.10.2003 passed by a Division Bench of the Patna High Court in LPA No. 972/2003, whereby and whereunder a judgment and order dated 11.9.2003 passed by a learned Single Judge of the said Court passed in CWJC No. 707/2000 was affirmed. The appellant herein was appointed as a clerk in Siwan Municipality. The said Municipality is a local authority constituted in terms of the provisions of the Bihar and Orissa Municipalities Act, 1922.
(3.)The State of Bihar framed rules for the Municipal employees, known as Bihar Municipal Officers and Servants Pension Rules, 1987. Clause 1 if Rule 4 of the said rules reads as follows:
Municipal employees on roll an the date of confirmation of this rule and who had subscribed to the contributory provident fund under provident fund rules and want to be governed by these rules shall have the option to do so and such option shall be exercised in writing in the prescribed Form (Annexure-I) and submitted to their head office within 90 days from the date of framing of this rule by the State Government. If such option in writing in prescribed form is not received within the period so fixed it will be deemed that they would retain the existing contributory provident fund.



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