STATE OF BIHAR Vs. RAM TAWAKYA SINGH

JUDGEMENT

(1.) This reference has been pursuant to the observation made in the Division Bench judgment of this Court rendered in this Letters Patent Appeal No. 766 of 1998 : State of Bihar through the Commissioner-cum-Secretary, Housing Department, Government of Bihar and Ors. v. Ram Tawakya Singh and Ors. dated 3.2.2000, whereby, it was felt expedient that the matter needs to be placed before the larger Bench for consideration even after consideration of the Division Bench decision of this Court rendered in the case of State of Bihar and Ors. v. Shiv Rani Devi and Ors. reported in 1998 (1) PLJR 409, as there was another Division Bench decision of this Court rendered in Deena Nath Prasad v. The State of Bihar and Ors. reported in 1986 PLJR 405, wherein, it has been observed and held that a circular of the Government running contrary to the Rule Provision will not have any legal status and effect for the purpose of consideration of the provisions of Bihar Pension Rules, 1950. At this stage, in this back drop of facts, the matter was considered for reference to a larger Bench and, that is how, the matter has come up before us for consideration.

(2.) We have, extensively, heard learned counsel appearing for the parties. We have, also, threadbare screened, examined and evaluated the factual profile emerging from the record, as well as, from the submissions. We have, also, dispassionately, given our anxious thoughts and consideration to the observations and the facts of two Division Bench decisions referred in the reference order, as well as the content and colour of the order of learned Single Judge which came to be challenged in this Letters Patent Appeal.

(3.) With a view to appreciate the merits of reference and the rival submissions, we deem it expedient at this stage to highlight and articulate skeleton projection of spectrum of facts and chronological events which have relevance and material bearing to the consideration of the issue involved and the questions to be answered which are, shortly, stated herein as under :