Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 7851 of 2006 ------- Ganesh Paswan, son of Late Ramdeo Paswan, resident of village Kanholi, P.S.Mahua, District Vaishali, at Present working as workcharge Chaukidar,Irrigation Department, Jashidih Division (Jharkhand) ... Petitioner Vs. 1.The State of Jharkhand through the Secretary-cum-Commissioner, Department of Water Resources (Irrigation) Government of Jharkhand, Ranchi. 2.The Deputy Secretary, Government of Jharkhand, Ranchi. 3.The Chief Engineer, Irrigation Department, Government of Jharkhand, Deoghar. 4.The Superintending Engineer, Irrigation Division, Jaishidih, Deoghar. 5.The Executive Engineer, Irrigation Division, Jaishidih, Deoghar. 6.The State of Bihar through the Secretary-Cum-Commissioner, Department of Water Resources (Irrigation), Patna, Bihar. 7.The Deputy Secretary, Government of Bihar, Patna. 8.The Chief Engineer, Irrigation, Tirhum Canal Circle, Muzaffarpur (Bihar) 9.The Superintending Engineer, Irrigation, Tirhut Canal Circle, Muzaffarpur (Bihar) 10.The Executive Engineer, Irrigation Division, Gandak Project Muzaffarpur (Bihar) … … ... Respondents ------ CORAM: HON’BLE MR. JUSTICE PRAMATH PATNAIK ------ For the Petitioner : Mr. Vikash Kumar, Advocate For the State of Jharkhand : Mr. Rahul Kamlesh, J.C to S.C.II For the State of Bihar : Mr. Pankaj Kumar, Advocate. ------ 11/ Dated:
7. h September, 2017 Per Pramath Patnaik, J.: in the instant writ application, the petitioner has inter alia prayed for direction upon the respondents to make payment of salary, which is coming due since March, 1987 till date and further for direction upon the respondents-authorities to pass an order of recommendation which was sent by respondent no. 8 on 4.9.1989 for consideration to make appointment in Class IV post to the petitioner.
2. The facts, as delineated, in the writ application is that initially the petitioner was engaged as daily wages employee under Irrigation Department to work under Gandak Project of Irrigation Department, Muzaffarpur as a Peon (guard) from 1.1.1974 to 31.10.1974. Thereafter, in view of an agreement entered into between the State Worker Union and Chief Engineer concerned, the petitioner along with other similar situated persons were taken in services under work charged establishment of the Government on regular pay-scale vide letter dated 1.2.1982, but to the utter surprise, their services were terminated on 25.02.1982. Aggrieved thereof, the petitioner along with others approached this Court by filing C.W.J.C No. 988 of 1982 and analogous cases, which was dismissed vide order dated 09.12.1982 with observation that “....It is hoped that in due course authorities concerned will try to provide the petitioners with employment.” Against the said order, the petitioners along with others preferred S.L.P (Civil) No. 3621-23/84, in which, the Chief Engineer of the Irrigation Department was directed to hold enquiry about the working of the petitioners and others and to consider the question of absorption. It is averred that in terms of the aforesaid order some persons were appointed but the case of the petitioners was not even considered. Being aggrieved, the petitioner submitted several representation before the respondents-authorities but it did not evoke any response.
3. Heard Mr. Vikash Kumar, learned counsel for the petitioner, Mr. Rahul Kamlesh, J.C to learned S.C. II for the respondents-State of Jharkhand and Mr. Pankaj Kumar, learned counsel for the respondents- State of Bihar.
4. Learned counsel for the respondents submitted that in pursuance to interim order dated 17.12.1984 passed in S.L.P (Civil) No. 3621-23/84 the petitioners were paid salary as per last salary drawn from month to month commencing from January 1, 1985, however, after the final order dated 27.1.1986 passed in the said S.L.P, the aforesaid interim order was withdrawn and S.L.P was dismissed . Learned counsel for the respondents further submitted that information regarding the final judgment came very late in the knowledge of the Executive Engineer, Irrigation Division, Jasidih, hence, petitioner was paid up-to February, 1987.
5. After having heard learned counsel for the parties at length and on perusal of the documents available on record, it appears that the petitioner along with others aggrieved with the order of termination moved writ jurisdiction of Patna High Court by filing C.W.J.C No. 988 of 1982 and analogous cases, which was dismissed vide order dated 09.12.1982 justifying the order of termination passed by the Chief Engineer, with certain liberty. For ready reference, the operating paragraph of the order is quoted herein below: “11.For the reasons given above, there is no merit in these writ applications and they are accordingly dismissed. However, as I have pointed out that there was some agreement arrived at between the Union of the petitioners and the Chief Engineer that the petitioners would be employed by the Govt. in a regular manner. It is hoped that in due course the authorities concerned will try to provide the petitioners with employment. In the circumstances of the case there will be no order as to costs.
6. Being aggrieved, the petitioner approached Hon'ble Apex Court by filing S.L.P (Civil) No. 3621-23/84, which was ultimately dismissed. For better appreciation, interim order dated 17.12.1984 and final order dated 27.01.1986 passed in said S.L.P is quoted herein below: “Order dated 17.12.1984 : “We grant four weeks time to the state of Bihar appearing through/Mr. Jayo Narain to complete the enquiry and take proper decision in the matter. In the meantime the petitioners herein involved shall be paid last salary drawn from month to month commencing from January 1, 1985.” Order dated 27.01.1986 “In compliance with this court's order dated 2.8.1985 the Chief Engineer, Deptt of Irrigation, Government of Bihar submitted his report dated October 1, 85. It appears therefrom that only five petitioners, namely (1)Shri Jauhari Ray (2)Shri Jai Murat Ray (3)Shri Ram Das (4)Shri Anik Lal & (5) Shri Ram Janam Mahto had worked continuously for 240 days in calendar year and that they have since been appointed to the work charge establishment vide letter no. 3724 dated October 31, 85 there has thus, been substantial compliance of this courts order requiring the absorption of petitioners under category nos. 1 & 2. A regard remaining two petitioners (1)Shri Rajendra Rai and (2)Shri Amaresh Kumar, learned counsel for the petitioners points out that they had also worked for 240 days in a calender years with intermittent breaks though not continuously. We direct that the state Government shall also consider the question of their absorption, if permissible. This court's interim order dated 17.12.1984 directing the State Government to pay the last salary drawn by the petitioners months to month commencing from Jan. 1, 85 is withdrawn. The special leave petitions are accordingly dismissed.”
7. From plain reading of order passed in Special Leave Petitions, it appears on the direction of Hon'ble Apex Court, the matter was enquired into by the then State of Bihar for suitability of appointment of the petitioner(s) and the State submitted its report before the Hon'ble Apex Court whereupon the Hon'ble Apex Court dismissed the S.L.P and interim protection of salary was withdrawn.
8. In such view of the matter, no relief, as sought for by the petitioner can be granted to the petitioner. Accordingly, the writ petition being devoid of any merit is dismissed. (Pramath Patnaik, J.) Alankar/-