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Chandra Nath Jha & Ors vs State Of Bihar & Ors

Supreme Court Of India|11 July, 2011
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JUDGMENT / ORDER

Summary

Issue: Appointment of employees before the takeover of the private medical college by the State Government
Rule: Notification dated 29.1.1981 issued by the Health Department, Government of Bihar
Application: The Notification stated that the private medical colleges would be taken over by the State Government with effect from 1.4.1981, therefore, the liability of the State Government would arise from that date.
Conclusion: The liability of the State Government arises from the date of takeover of the private medical college by the State Government, which is 1.4.1981.
1. Leave granted.
2. We have heard the learned counsel for the parties.
3. The appellants were appointed prior to 29.1.1981 by the then Managing Committee of the R.B.T.S. Homeopathic Medical College and Hospital, Muzaffarpur. A Notification dated 29.1.1981 was issued by the Health Department, Government of Bihar to take over the private medical colleges with effect from 1.4.1981. In the Notification dated -2-
29.1.1981, it was made clear that these institutions will be taken over by the Government of Bihar with effect from 1.4.1981. Therefore, in our considered view, the liability of the State Government would arise from the date these private institutions were taken over by the State Government i.e. with effect from 1.4.1981.
4. In case of employees where some payments have been made by the State Government, we direct the State not to recover that amount from the employees. In other cases, the employees would be entitled to different pay scales only from 1.4.1981.
5. These appeals are disposed of with the aforementioned observation and direction. Parties are directed to bear their own costs.
. J (DALVEER BHANDARI) New Delhi; July 11, 2011.
. J (DEEPAK VERMA)
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Title

Chandra Nath Jha & Ors vs State Of Bihar & Ors

Court

Supreme Court Of India

JudgmentDate
11 July, 2011
Judges
  • Dalveer Bhandari
  • Deepak Verma