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    <title>2022 (5) TMI 1703 - Supreme Court</title>
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    <description>+2 lecturers appointed under Advertisement No. 1/87 were treated as belonging to the Bihar Subordinate Education Service because contemporaneous notifications, the advertisement, pay scales, qualifications, and prior litigation consistently placed the posts within that cadre. Appointment letters describing the posts as ex-cadre and temporary could not override that record. The 23.06.2009 encadrement with teachers of nationalized secondary schools was invalid because it exceeded the scope of the enabling Act, was inconsistent with Sections 9 and 15 of the Bihar Non-Government Secondary Schools (Taking over of Control and Management) Act, 1981, and created arbitrary and discriminatory treatment contrary to Articles 14 and 16(1). Consequential service benefits were required.</description>
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      <description>+2 lecturers appointed under Advertisement No. 1/87 were treated as belonging to the Bihar Subordinate Education Service because contemporaneous notifications, the advertisement, pay scales, qualifications, and prior litigation consistently placed the posts within that cadre. Appointment letters describing the posts as ex-cadre and temporary could not override that record. The 23.06.2009 encadrement with teachers of nationalized secondary schools was invalid because it exceeded the scope of the enabling Act, was inconsistent with Sections 9 and 15 of the Bihar Non-Government Secondary Schools (Taking over of Control and Management) Act, 1981, and created arbitrary and discriminatory treatment contrary to Articles 14 and 16(1). Consequential service benefits were required.</description>
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