Ajit Kumar Gupta, son of late Narayan Ram v. State of Jharkhand through the Secretary, Department of Food Supply and Commerce, Government of Jharkhand, Ranchi
2018-12-11
SUJIT NARAYAN PRASAD
body2018
DigiLaw.ai
ORDER : 1. Learned counsel for the petitioner submits that the said defect as pointed out by the office, may be ignored. 2. Taking into consideration and nature of the defect as pointed out by the office, the same is ignored. 3. This writ petition has been filed for the following relief which is being quoted hereinbelow:- (i) To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondents to count the period of service of the petitioner under Bihar Food and Civil Supplies Corporation Ltd.(hereinafter referred to as Corporation) in continuity. (ii) To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondents pay the arrear of pay w.e.f. 1999 to 2002 on revised (increment) scale and pay the due of Rs.15,000/-on account of pay and dearness allowance. (iii) To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondents to count length of services rendered in the Government i.e., 30 years length of service rendered in the Corporation and pay the Second and third ACP/MACP. 4. At the outset, learned counsel for the petitioner submits that the relief sought for in prayer no.(ii) has already been redressed. 5. The brief facts of the case of the petitioner is that he was appointed in the Bihar State Food and Civil Supplies Corporation Ltd. vide memo no.2780 dated 23.02.1989 as typist-cum-clerk and accordingly joined at the said posts on 01.03.1989 and continued on the said post by discharging his duty regularly. 6. The competent authority has taken a decision vide memo no.1483 dated 31.03.1997 by which the services of the petitioner has been placed at the disposal of the Deputy Commissioner, Hazaribagh for posting in the District Consumer Forum, in pursuance of which, he was joined his post in Hazaribagh District Forum on 21.07.1997 and in consequence thereupon, his services have been absorbed and thereafter he has been transferred to the post of Circle Officer in Bishnugarh and then to District Consumer Forum, Hazaribagh. 7. The relief sought for is of after 31.03.1997 which relates to the monetary benefit relates to the period of rendering services by the petitioner in the Corporation, the same has been denied to the petitioner, therefore, the instant writ petition has been filed. 8.
7. The relief sought for is of after 31.03.1997 which relates to the monetary benefit relates to the period of rendering services by the petitioner in the Corporation, the same has been denied to the petitioner, therefore, the instant writ petition has been filed. 8. It has been brought on record in the writ petition by referring to the decision of the State of Bihar through its Food Civil Supplies, Commissioner, whereby and whereunder the decision to absorb the services of the employees working in grade-III under which District Forum have been taken and therefore, once the services has been decided to be absorbed and in pursuance thereto, the services have been absorbed, the normal course would be that the petitioner would be entitled to get the benefit of past services along with all consequential benefits. It has been pleaded that the issue has already been set at rest by this Court in the judgment rendered in the case of W.P.(S) No.6739 of 2012 along with other analogous cases which has been confirmed by the Hon’ble Supreme Court in Civil Appeal No.13372 of 2015 and therefore, since the same issue has already been decided, hence the petitioner is entitled to get the consequential benefit of the period of service rendered by him, while he was in the Corporation. 9. This Court while hearing the matter on 03.12.2018 has passed an order on basis of the submission made on behalf of the learned counsel for the petitioner, wherein, it has been stated that against the order passed by this Court in W.P.(S) No.3285 of 1998, the instant appeal has been filed being L.P.A. No.322 of 2013 which is pending for its consideration before the Division Bench. Therefore, this Court has adjourned the matter for a week, wherein, learned counsel for the respondent seek instruction with respect to the binding effect of the order passed by the Hon’ble Supreme Court in Civil Appeal No.13372 of 2015 and merely on account of the fact that the Letters Patent Appeal is pending for consideration, wherein, the interim order of stay of operation of order passed in W.P.(S) No.3285 of 1998 has been refused. 10. Mr. D.K. Dubey, learned Sr.
10. Mr. D.K. Dubey, learned Sr. S.C.-I in all fairness, has submitted that on the basis of the ‘merger principal’ that when the issue has been dealt with by this Court in W.P.(S) No.6739 of 2012 has been affirmed by the Hon’ble Supreme Court in Civil Appeal No.13372 of 2015, in which the relief has been granted to the other similarly situated person, therefore, in view of the provision under Article 141 of the Constitution of India, the same will binding effect and hence, an appropriate order may be passed. 11. Having heard learned counsel for the parties and after considering the submission advanced by Mr. Dubey and taking into consideration the fact that the issue which has been raised in this writ petition has already been decided by this Court in W.P.(S) No.6739 of 2012 which has been affirmed by the Division Bench of this Court in L.P.A. No.340 of 2013 and subsequently, the same has been affirmed by the Hon’ble Supreme Court in Civil Appeal No.13372 of 2015. 12. This Court on perusal of the order passed by the Hon’ble Supreme has found that the Hon’ble Supreme Court has been pleased to decline to interfere in exercise of power conferred under Article 136 of the Constitution of India and accordingly, the appeal has been dismissed with a consequential direction to release pension and retiral benefit and as also arrears shall be calculated within a period of six months. 13. This Court has also gone through the order passed in LPA No.322 of 2015 in which is pending for its consideration but the Division Bench of this Court has declined to pass an interim order of stay of operation of implementation and execution of the operation passed by the Hon’ble Single Judge in C.W.J.C. No. 3285 of 1998(R). 14. In view thereof and taking into consideration the binding effect of the judgment rendered by the Hon’ble Supreme Court in Civil Appeal No.13372 of 2015, and also considering the facts that similarly situated employees have been extended the aforesaid benefit therefore dispose of the writ petition by directing the authority to take into account the services of the petitioner of the period which has been rendered by him in Corporation for the purpose of pension and accordingly, to extend the consequential benefits, within a period of eight weeks’ from the date of receipt of copy of this order. 15.
15. In view of the aforesaid, this writ petition, accordingly is disposed of.