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Supreme Court of India 2018-02-13 disposed

Mukesh Kumar & Ors vs State of Bihar & Ors

Bench: 2 — Kurian

In Brief

Employees of the Bihar Intermediate Education Council challenged their non-absorption after the Council was dissolved and replaced by the Bihar School Examination Board following the 2007 Repeal Act. The 1992 Act's repeal required the State to implement a statutory Scheme prepared by a Committee of Secretaries to absorb, retire, or redeploy affected employees. Though the State approved a Government Resolution based on the Committee's Report, it was not implemented, and a second Board Committee incorrectly denied the appellants' eligibility. The Court held that the State must strictly follow the statutory scheme approved after the original Committee's Report; no further Committee could revisit its application. The Court directed the State to decide the appellants' absorption case within two months, considering their 23 years of service, in accordance with the approved statutory scheme and Government Resolution."

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