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Supreme Court of India 2022-05-05 dismissed

State of Bihar & Ors vs Shyama Nandan Mishra

Bench: 2 — Hrishikesh Roy

In Brief

The Supreme Court upheld the High Court's judgment directing that +2 lecturers appointed under Advertisement No. 1/87 are members of the Bihar Subordinate Education Service and entitled to merge with the Bihar Education Service Class II. The court found that despite appointment letters referring to 'ex-cadre' posts, the notification creating the posts, the advertisement, and government pay scale decisions all treated them as BSES cadre members. The court rejected the Government's arbitrary 2009 decision encadring these lecturers with nationalized school teachers, holding it violated Articles 14 and 16(1) and the Bihar Non-Government Secondary Schools Act. The State was directed to extend all BSES service benefits to these lecturers within six months.

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