In Brief
Employees appointed under a centrally-sponsored Adult Education and Non-Formal Education Project in Bihar were declared surplus when the project closed in 2001 following State bifurcation. The State later absorbed them into regular posts in 2007 as 'fresh appointees' without crediting past service for seniority or pension. The Court upheld the absorption policy, holding that project employment does not satisfy the statutory conditions for pensionable service under Rule 58 of the Pension Rules and that no express declaration of pensionability was made. Past project service cannot be counted for pension unless specifically declared by the State at absorption."
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