IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 5342    OF 2011 (Arising out of SLP(C) No.17883/2007)

  CHANDRA NATH JHA & ORS.                       Appellant(s)

                VERSUS

  STATE OF BIHAR & ORS.                          Respondent(s) WITH

CIVIL APPEAL NO. 5343    OF 2011 (Arising out of SLP(C) No.16155/2007)

O R D E R

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)

.....................J (DEEPAK VERMA)

New Delhi; July 11, 2011.