Jai Bahadur Lall Shrivastava v. State Of Jharkhand
2008-07-01
N.N.TIWARI
body2008
DigiLaw.ai
JUDGMENT Narendra Nath Tiwari, J. I.A. No. 1848 of 2008: 1. In this interlocutory application, the petitioner has sought addition of the prayer, seeking quashing of the order, contained in Memo No. 113 dated 31 st May, 2008, passed by the District Leprosy Officer, Bokaro, whereby the petitioner has been relieved from the post of Medical Assistant to join the allocated cadre of the State of Bihar. 2. It has been stated that the petitioner had earlier challenged the order dated 26 th April, 2008, whereby the order was issued to the concerned superior of the petitioner to relieve him. During the pendency of the writ petition, order dated 31 st May, 2008 has been passed, relieving the petitioner from his present place of posting to join the State of Bihar. 3. Learned Counsel for the petitioner submitted that the amendment prayed for is based on the same factual background, as stated in the writ petition, and that it is the subsequent event, which is relevant for the purpose of the writ petition. It has been submitted that if the application for amendment is not allowed, the petitioner would require to file a separate writ petition which would lead to multiplicity of the proceeding in the same matter between same party. 4. Learned Counsel appearing on behalf of the State of Jharkhand as also the State of Bihar have not disputed the said contentions. 5. In view of the above, the amendment prayed for is allowed. 6. I.A. No. 1848 of 2008 is disposed of. W.P. No. 2544 of 2008: 7. The petitioner, in this writ petition, has prayed for quashing the order dated 26 th April, 2008 passed by the State Leprosy Officer, Respondent No. 4, whereby the petitioner has been directed to be relieved from the post of Medical Assistant, Health Department, Bokaro to join after his allocation of the cadre of State of Bihar. 8. It has been stated that earlier after bifurcation of the State, the petitioner had opted for Jharkhand Cadre, but he was not allowed Jharkhand Cadre in the final allocation. After the final allocation, the petitioner, who was given Bihar Cadre, and one Madhusudan Das Choudhary, who was allocated Jharkhand Cadre, mutually agreed for representing before the concerned respondents for their mutual transfer of allocation of the cadre.
After the final allocation, the petitioner, who was given Bihar Cadre, and one Madhusudan Das Choudhary, who was allocated Jharkhand Cadre, mutually agreed for representing before the concerned respondents for their mutual transfer of allocation of the cadre. The petitioner as well as the said Madhusudan Das Choudhary filed their representations before the concerned authorities of both the States. According to the petitioner, the said representations are still pending before the concerned authorities for final order, but in the meanwhile, the respondents have issued the said impugned order, relieving the petitioner from Jharkhand to join Bihar. It has been submitted that the said Madhusudan Das Choudhary, who had been allocated Jharkhand Cadre, has not been relieved by the authorities of the State of Bihar in view of the pendency of the representation and policy decision, but contrary to the guideline issued by the Central Government, the petitioner has been relieved by the impugned order. 9. Learned J.C. to Sr. S.C.I appearing on behalf of the State of Jharkhand submitted that though the representation of the petitioner has not been disposed of, he has already been relieved to join the cadre of the State of Bihar. It has been submitted that the authorities in the meanwhile shall consider and pass appropriate order on the petitioners representation. 10. Mr. S.P. Roy, learned Counsel, appearing on behalf of the State of Bihar submitted that the representations of the petitioner and Madhusudan Das Choudhary are under consideration and that appropriate order shall be passed by the concerned authority of the State of Bihar. 11. Considering the said submissions and in the facts and circumstances of the case and also considering the policy decision, which provides for revision of final allocation of cadre on mutual consent of the employees, this writ petition is disposed of directing the Secretaries, Department of Home Special, Government of Bihar as also the Government of Jharkhand, to consider the petitioners representation and pass appropriate order, in accordance with law, within a period of six weeks from the date of receipt/production of the copy of this order. 12. In view of the policy decision and various orders passed by this Court, the impugned orders, relieving the petitioner, are hereby quashed. Relieving of the petitioner is directed to be kept in abeyance until final decision is taken on the petitioners representation.