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2025 DIGILAW 553 (JHR)

Pancham Mahto v. State of Jharkhand

2025-02-21

SUJIT NARAYAN PRASAD

body2025
JUDGMENT : SUJIT NARAYAN PRASAD, J. 1. Mr. Ashutosh Anand, learned counsel for the opposite-party has sought for leave of this Court to file two interlocutory applications in the Court. 2. The same is taken on record. 3. Office is directed to institute the same. 4. It has been submitted that both the interlocutory applications have been received by Mr. Rohit Sinha, learned counsel for the petitioners. I.A. No. 2306 of 2025: 5. The instant interlocutory application has been filed for modification of the order dated 07.02.2025 and the notice dated 15.02.2025 issued under Rule 393 of the High Court of Jharkhand Rules. 6. Mr. Ashutosh Anand, learned counsel for the opposite party has submitted that the opposite party no.3 who has been shown as the Secretary, Higher Education, Higher and Technical Education Department, Government of Jharkhand, is not holding the said post rather he is holding the post of Additional Secretary-cum-Director Technical Education, Higher and Technical Education Department, Government of Jharkhand and the said opposite party no.3 is not involved in the instant dispute in any manner. 7. Upon this, Mr. Rohit Sinha, learned counsel for the petitioners has sought for leave of this Court to make necessary correction in the designation of the opposite party no.3 since due to inadvertence, Sunil Kumar has been shown as the Secretary, Higher Education, Higher and Technical Education Department, Government of Jharkhand, however, he is not holding the said post rather he is holding the post of Additional Secretary-cum-Director Technical Education, Higher and Technical Education Department, Government of Jharkhand. 8. It is evident from the order dated 07.02.2025 that notice under Rule 393 of the High Court Jharkhand Rules had been issued upon the opposite party nos. 2 and 3. 9. It has been contended that the Additional Secretary-cum-Director Technical Education, Higher and Technical Education Department, Government of Jharkhand is not involved in any manner in the instant dispute. 10.This Court, considering the fact that the Additional Secretary-cum-Director Technical Education, Higher and Technical Education Department, Government of Jharkhand who has been arrayed as opposite party no.3 being not a necessary party in the manner of compliance of this Court’s order, as such, notice issued vide order dated 07.02.2025 upon the opposite party nos. 10.This Court, considering the fact that the Additional Secretary-cum-Director Technical Education, Higher and Technical Education Department, Government of Jharkhand who has been arrayed as opposite party no.3 being not a necessary party in the manner of compliance of this Court’s order, as such, notice issued vide order dated 07.02.2025 upon the opposite party nos. 2 and 3 is modified to the extent that the said notice will be said to be issued upon the opposite party no.2, the Principal Secretary, Higher Education, Higher and Technical Education Department, Government of Jharkhand. 11.Accordingly, the instant interlocutory application stands disposed of. I.A. No. 2307 of 2025: 12.The instant interlocutory application has been filed for grant of four weeks’ time to take decision in terms of the order dated 07.02.2025 passed by this Court. 13.Mr. Ashutosh Anand, learned counsel for the opp. Party has submitted that in order to verify the exact position and to ascertain the true facts and in furtherance of order dated 07.02.2025, the State Government has sent a letter vide letter no.317 dated 18.02.2025 to the opp. party- University to explain the ground of absorption of additional 06 peons beyond the sanctioned post in Ramgarh College, Ramgarh, as such, four weeks’ time may be granted so that the order passed by this Court may be complied with. 14.Time as sought for is allowed. 15.Accordingly, the instant interlocutory application also stands disposed of. Cont. Case (Civil) No. 461 of 2024: 16.Let the order dated 07.02.2025 be complied with. 17.In view thereof, the matter is being adjourned to be listed on 21.03.2025.