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2015 DIGILAW 1023 (PAT)

Vinod Kumar Singh v. State of Bihar

2015-08-12

AJAY KUMAR TRIPATHI

body2015
JUDGMENT : Both the writ applications have more or less raised common questions of law arising out of similar facts leading to similar kind of relief or prayer, therefore, were heard together. 2. The basic dispute is that the General Administration Department, Government of Bihar has handed over services of employees of Rural Development Department to be posted as Assistant Godown Managers under Bihar State Food and Civil Supplies Corporation (hereinafter referred to as “Corporation”). Some of them have also been drawn from the pool of officers working in the Directorate of Statistics and Economics under Planning and Development Department, Government of Bihar and Labour Department. 3. The common refrain is that the petitioners have been sent to the corporation against their wish which is not a deputation and all this has been done without working out the clear terms and conditions of their deployment and their status. They have also raised serious questions whether such an action could be taken at all in absence of consent of the petitioners or the departments in question. There are certain evidence and averments to show that the Department of Labour has also protested against such deployment since there is shortage of man power even within their department. 4. Learned senior counsels have made submission on various facets of law, seeking relief of quashing the order of posting of these petitioners under the Bihar State Food and Civil Supplies Corporation. 5. The State has justified the decision, looking at the exigencies and the compulsion of effective implementation of the Food Securities Act, which has been invoked and implemented in the State of Bihar. 6. The essence of the dispute being such that there is clash of interest between various departments. The problem which has been created by the General Administration Department with regard to employees of other government departments to which the petitioners belong unilaterally. 7. The dispute being such, the Court is not willing to adjudicate the matter, but refer the matter to Chief Secretary, Government of Bihar, Patna that he will convene a meeting of all the Principal Secretaries or Officers of the Departments concerned, whose employees have been deputed to a corporation along with Principal Secretary of the General Administration Department. 7. The dispute being such, the Court is not willing to adjudicate the matter, but refer the matter to Chief Secretary, Government of Bihar, Patna that he will convene a meeting of all the Principal Secretaries or Officers of the Departments concerned, whose employees have been deputed to a corporation along with Principal Secretary of the General Administration Department. They will take a policy decision on the issue as to what is required to be done to resolve the inter-departments disputes as has been envisaged not only by the Apex Court but even under the Bihar Litigation Policy. 8. Writ applications are disposed off with a direction upon the Chief Secretary that the exercise as directed above must be completed within a period of two months from the date of production/communication of a copy of this Order.