CIVIL APPEAL 7535 of 1996 on 17 April 1998

IN THE HIGH COURT OF JHARKHAND AT RANCHIW. P. (S) No. 5287 of 2012

Sheo Sewak Mishra & others .... PetitionersVersusThe State of Jharkhand & anr.. ... Respondents------- CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH------For the Petitioner : Mr. A. K. Sahani, Adv. For the Respondents: Mr. R.R.Mishra, Adv.------ 12/12.9.2013 Heard learned counsel for the parties.

The petitioners have been absorbed pursuant to limited examination conducted by the Respondents-State as Jansevak. They were earlier working as Paks/Lamps Managers. The matter in relation to absorption of such Paks/Lamps Mangers had gone up to Hon'ble Supreme Court in Civil Appeal No. 7535 of 1996, wherein on the affidavit filed by the erstwhile State of Bihar dated 17th April, 1998, the Hon'ble Supreme Court had pleased to pass the following directions in the judgment dated 20th August, 1998, which are quoted hereunder :

“On the peculiar facts of this case, we are of the view that the following addition to the acceptance of the State Government as expressed in the additional counter affidavit filed on 17.4.98 would meet the ends of justice.

A reasonable number of posts available including even there in the process of recruitment be set apart for being filled up by the Respondents. A separate recruitment test/examination be held. They cannot be asked to take the same examination prescribed for fresh candidates for entering the Government service. The question paper(s) for the eligible respondents must be so prepared bearing in min the conditions of the respondents such as age, past service, etc. After taking such examination(s) , the eligible respondents may beabsorbed subject to reasonable conditions as to their past service,seniority and pension.

In the result, we dispose of this appeal accepting the additional affidavit filed by the appellants with the addition or modification as mentioned above. We hope that the appellants would take steps as early as possible in the light of this judgment to absorb the respondents. No costs”.

(Underline added ' to add emphasis, not part of original text).

These petitioners, however, have approached this Court when the respondents by the impugned order dated 19th June, 2012 passed by Deputy Commissioner-cum-District Magistrate, Ranchi has totally discounted the past service of the petitioners as Paks/Lamps Managers' before their absorption for any purposes i.e. seniority, pension or giving any such benefits of A.C.P etc. This apparently has been done on the basis of a letter issued by the Secretary Co-operative Department, Govt. of Jharkhand bearing No. 643 dated 14th March, 2012 on guidance being sought by Deputy Commissioner, Ranchi.

Perusal of the said letter dated 14th March, 2012 which is Annexure-D to the counter affidavit, however, makes it obvious that the respondents have not given any deference to the observation of the Hon'ble Supreme Court, which have been quoted hereinabove in Civil Appeal No. 7535 of 1996.

Learned counsel for the respondents shall obtain specific instruction from the competent authority of the Respondents State on the aforesaid issue by the next date.

Accordingly, let the matter appear on 23rd October, 2013 under the appropriate heading.

Let a copy of this order be handed over to the learned counsel for the respondents.

(Aparesh Kumar Singh,J)