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Gopal Prasad v. Bihar School Examination Board & Others

Civil Appeal · 2020 INSC 408Decided 28 May 2020
Civil Appeal No. 8225 of 2012
Justice Indira Banerjee · Justice Ajay Rastogi

Background

This is a split decision, not a final judgment. The appellant joined the Bihar School Examination Board in 1970 at 15 and a half. The Board treated his age as 18 at appointment, capped his service at 42 years and retired him in 2012. He argued he should serve until he actually turned 60.

Decision Breakdown

This is a split decision, not a final judgment. Justice Indira Banerjee would have allowed the appeal and let him serve until November 2014. Justice Ajay Rastogi would have dismissed it. The matter was placed before the Chief Justice of India for a larger bench.

Lesson Learnt

There is no final ruling yet. The appellant's claim to continue in service awaits a larger bench.

Official source (sci.gov.in)View Judgment (PDF)

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