Research › Search › Judgment

Jharkhand High Court · body

2017 DIGILAW 1958 (JHR)

Jharkhand Prant Anupcharik Shiksha Anudeshak Sangh v. State Of Jharkhand

2017-11-14

AMITAV K.GUPTA, D.N.PATEL

body2017
ORDER D.N.Patel, A.C.J. (Oral) - This Letters Patent Appeal has been preferred by the original appellant who has also preferred Contempt Case (Civil) No. 851 of 2013 which was dismissed by the learned Single Judge vide order dated 21st July, 2017 and hence, the original appellant has preferred present Letters Patent Appeal. 2. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that this appellant is seeking adjustment, absorption and appointment into the services and hence earlier W.P (S) No. 5966 of 2008 was preferred. This writ petition was disposed of by following observation:- "Accordingly, the present writ petition stands disposed of with the direction that petitioners may move representation before the authorities seeking adjustment/absorption/appointment in other departments in the light of the observation made by Hon''ble Patna High Court in C.W.J.C. No. 8418 of 2010, copy of which, is annexed as Annexure 19. If such representation is moved, authorities shall take decision therein within 90 days thereafter, in accordance with law. It goes without saying that considering the services rendered by the petitioners, authorities shall take sympathetic view so that petitioners may not be left to starve." (Emphasis supplied) 3. In view of the aforesaid decision, it appears that as the Letters Patent Appeal was preferred upon the decision given in the writ petition being C.W.J.C. No. 8418 of 2010 by the State of Bihar being L.P.A. No.1489 of 2011. It was wise enough for the Sate to wait till the Letters Patent Appeal of the State of Bihar is decided. The said decision of the Government of Jharkhand was taken in the month of September, 2012 which is at Annexure-2 to the memo of this Letters Patent Appeal. 4. Thereafter, contempt application was moved by this appellant before this Court being Contempt Case (Civil) No. 851 of 2013 which was disposed of by the learned Single Judge vide order dated 21st February, 2015 with the following observation:- "Be that as it may, since the writ petition was disposed of by Directing the respondents to take a decision in view of the observation made by Hon''ble Patna High Court in CWJC No.8418/2010 within stipulated time and that the said judgment is under challenge in LPA No.1489/2011, no case of contempt is made out. However, the petitioner may have liberty to pursue the matter pursuant to the outcome of the said LPA pending before the Hon''ble Patna High Court. This contempt petition is disposed of with the aforesaid liberty and the proceedings are dropped." (Emphasis supplied) 5. In view of the aforesaid observations, one more contempt application was preferred being Contempt Case (Civil) No. 851 of 2013 which was dismissed by the learned Single Judge vide order dated 21st July, 2017 and hence, this Letters Patent Appeal has been preferred. 6. Much has been argued by the learned counsel for the appellant that as earlier it was decided that looking to the outcome in L.P.A. No. 1489 of 2011, the decision will be taken by the State of Jharkhand. The said Letters Patent Appeal was preferred by the State of Bihar, this Letters Patent Appeal has been dismissed and even, Special Leave Petition preferred by the State of Bihar has also been dismissed. This contention is not of much help to this appellant mainly for the reason that despite the Letters Patent Appeal preferred by the State of Bihar is dismissed, the State of Jharkhand has all power, jurisdiction and authority to take a decision on its own. Despite the Letters Patent Appeal of the State of Bihar is being dismissed, the State of Jharkhand has all power, jurisdiction and authority to use its own wisdom, looking to the judgment rendered by this Court in the matter of regularization. Despite the Letters Patent Appeal of the State of Bihar is being dismissed, the State of Jharkhand has all power, jurisdiction and authority to take a decision on the merit of its own case especially, to decide the representation as directed by this Court in W.P.(S) No. 5966 of 2008 vide order dated 29th June, 2012. 7. It further appears that the State of Jharkhand has already taken a decision on 24th May, 2016, the said order can always be challenged by this appellant before the appropriate forum as stated by the Learned Single Judge, while dismissing the Contempt Case (Civil) No. 851 of 2013 vide order dated 21st July, 2017. Till today, no challenge has been made by this appellant to the order of the Government of Jharkhand dated 24th May, 2016 meaning thereby, the said order has been accepted as on today. Till today, no challenge has been made by this appellant to the order of the Government of Jharkhand dated 24th May, 2016 meaning thereby, the said order has been accepted as on today. Nonetheless, at this stage suffice it will be, without going into the merit of the order passed by the State of Jharkhand dated 24th May, 2016 that the State of Jharkhand has all power, jurisdiction and authority to take a decision and the merit of the case upon representation of this appellant. Hence, there is no substance in this Letters Patent Appeal, and no error has been committed by the learned Single Judge, while deciding Contempt Case (Civil) No. 851 of 2013, vide order dated 21st July, 2017. The undertaking which is given has got no value in the eye of law as the State of Jharkhand has all power, jurisdiction and authority to decide the representation as per the wisdom of the Government and looking to the trend of the judgments. 8. With the above observation, this Letters Patent Appeal is hereby dismissed. 9. In view of the final order passed in this Letters Patent Appeal, all the interlocutory applications stand dismissed.