Rajendra Institute Of Medical Science v. Bimal Kumar Sahay, Chandra Bushan Sinha, Rangnath Singh, Madhup Lal And (Mrs. ) Manorma Bihar
2004-07-14
LAKSHMAN URAON, SUDHANSU JYOTI MUKHOPADHAYA
body2004
DigiLaw.ai
ORDER 1. All these cases relate to absorption in the services of RIMS (earlier known as RMCH). Ranchi. Admittedly the writ petitioner (s)/first respondent(s) are employees of the Government of Jharkhand who claim to have opted for absorption in the services of RIMS. Ranchi in all these appeals, the question arises :- (1) Whether writ petition(s)/first respondcnt(s) have any right for consideration of their cases for absorption in services of RIMS, Ranchi or not? (2) Whether Government of Jharkhand has any jurisdiction in the matter of appointment and absorption in the services of the RIMS. Ranchi or not. and if not, whether the impugned direction to the State government amounts to issuance of futile writ or not? (3) Whether by virtue of an order of status quo of competent Court of Law, a person can continue in the services of employer even after the age of superannuation (58 years) or not? (4) Whether under Section 29 of the RIMS Act, 2002. the State Government has any jurisdiction to interfere with the day-to-day functioning of RIMS and in the matter of appointment and absorption in the services of RIMS or not? 2. As Mrs. Ritu Kumar. advocate accepts notice on behalf of Hrst respondents) of LPA No. 500/04 and LPA No. 501/04 no separate requisite requires to be filed. So far as first respondcnt(s) of all other cases is concerned, let notice be issued to them. The counsel for the appellants shall file requisites under registered A/D in this Court within a week failing which this appeal as against the concerned respondent(s) shall stand rejected without any further reference to a Bench. 3. Counsel for the appellant will also file two sets of paper-book(s) of all the appeal(s) in this Court within two weeks after serving one copy each of concerned appeal on Mrs. Ritu Kumar. 4. Let all these appeals be placed for admission in the month of September, 2004. 5. Until further orders, the operation of common order dated 29th June. 2004 contained in WP (S) Nos. 2983/2004, 2293/2004, 5736/2003. 2953/2004 and 2942/2004 shall remain stayed. 6. The petitioners)/ 1st respondent(s) if attained the age of superannuation (58 years) they stand superannuated as per Rule 73 of the Bihar (Now Jharkhand) Service Code, 1952, subject to the decision of these appeals.
2004 contained in WP (S) Nos. 2983/2004, 2293/2004, 5736/2003. 2953/2004 and 2942/2004 shall remain stayed. 6. The petitioners)/ 1st respondent(s) if attained the age of superannuation (58 years) they stand superannuated as per Rule 73 of the Bihar (Now Jharkhand) Service Code, 1952, subject to the decision of these appeals. This interim order shall have no effect to the writ petitioner(s)/first respondents) in the matter of their direct recruitment under RIMS in pursuance of any advertisement if they are eligible and below the age of 60 years. Let a copy of this order be handed over to counsel for the parties.