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Jharkhand High Court · body

2010 DIGILAW 1038 (JHR)

Keshari Kumar Mishra v. State of Jharkhand

2010-11-26

R.A.PRASAD

body2010
Order Learned counsel appearing for the petitioners submits that pursuant to order dated 12.4.2010, one interlocutory application bearing no.1887 of 2010 has been filed wherein prayer has been made to implead employer of the petitioners as respondents no. 5 to 16. 2. The prayer is allowed. Let those persons be impleaded as respondents no. 5 to 16. 3. The aforesaid I.A. stands disposed of. 4. Heard learned counsel appearing for the petitioners and learned counsel appearing for the State on the merit of the case. 5. Learned Counsel appearing for the petitioners submits that on a request made by the then Director. Provident Fund Directorate. Bihar in tile year 1997, these petitioners, who were working under different Corporations and the Board, were deputed in the Provident Fund Directorate and likewise, other persons, who were working in different Corporations and Board, were also deputed in National Savings Department and also in Cabinet Election Department and the services of the persons, who were deputed in National Savings Department and also in Cabinet Election Department. have already been absorbed and not only that services of the persons who were deputed in the Provident Fund Directorate in the State of Bihar have also been absorbed but the services of these 25 petitioners have still not been absorbed, though they are working since 1997 to the full satisfaction of the authorities and in spite of rendering satisfactory services throughout, when the services of the petitioners were not absorbed, the petitioners made a representation before the authorities but no decision has been taken as yet regarding absorption of the petitioners. 6. A counter affidavit has been filed on behalf of the State wherein it has been stated that the petitioners do not have right to be absorbed in the Government Department and even the petitioners by filing affidavits have accepted this position. 7. 6. A counter affidavit has been filed on behalf of the State wherein it has been stated that the petitioners do not have right to be absorbed in the Government Department and even the petitioners by filing affidavits have accepted this position. 7. Having heard learned counsel appearing for the petitioners and learned counsel appearing for the State, it does appear that services of the persons who were working in different Corporations and 80ards were requisitioned by the then Director, Provident Fund Directorate in the year 1997 on a condition that persons who would be deputed would be retained till the vacancies are filled up in the Directorate or till the Government takes decision for their absorptions and perhaps considering that aspect, these petitioners opted for deputation in the Directorate and thereby all the petitioners were deputed to the Provident Fund Directorate in the years 1997 and since then, they are working. It is also the case of the petitioner that during all these periods, no fresh appointment has been made in the Directorate and that in the year 2006, even option was asked from the petitioners as to whether they are willing to be absorbed in the Department and pursuant to that, all the petitioners did opt for absorption but still Government has not taken any decision in the matter. 8. Under this situation, this writ application is disposed of with a direction to the Principal Secretary, Department of Finance, State of Jharkhand. respondent no. 2 to take decision in the matter of absorption of the petitioners in the Provident Fund Directorate within a period of two months from the date of receipt/production of a copy of this order.