Habibur Rehman Vs. State of Jharkhand and ors. - Court Judgment

Excerpt:

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. .....to his account no. roh/rdd/1272, as the service book is still lying with the respondent no. 3.3. counsel appearing on behalf of state of jharkhand and bihar submit that the matter will be looked into.4. in the facts and circumstances, the case, is remitted with liberty to the petitioner to bring the matter to the notice of the block development officer, sadar, gurnla, block development officer, ramgarh, p.s. bhabhua, district-kaimur, district provident fund officer, rohtas and district provident fund officer, gumla, who, in their turn, will do needful and ensure that the amount, if any, deducted from the salary of the petitioner for the period aforesaid but has not been transferred to his account, is being transferred within a period of three months from the date of receipt of representation. the authorities will communicate their decision to the petitioner within the aforesaid period.5. if the amount has been transferred or if nothing is to be transferred authorities will intimate it to the petitioner within the aforesaid period.6. the writ petition stands disposed of with the aforesaid observations/directions.

Judgment:

ORDER

S.J. Mukhopadhaya, A.C.J.

1. According to petitioner, he was appointed as Assistant Urdu Translator by the then Bihar Public Serylce Commission. Subsequently, he was transferred from one place to another and after promotion he is working as Urdu Translator under the State in Sonahatu Block. Ranchi.

2. The grievance of the petitioner is that during the period, while he was posted under Block' Development Officer, Sadar, Gumla and Block Development Officer, Ramgarh, P.O. Bhabhua, District-Kaimur, the provident fund amount which was deducted from his salary for the period from 1996 to 1998 and from 20.5.1998 to 27.5.2003 has not been transferred to his Account No. Roh/RDD/1272, as the service book is still lying with the respondent No. 3.

3. Counsel appearing on behalf of State of Jharkhand and Bihar submit that the matter will be looked into.

4. In the facts and circumstances, the case, is remitted with liberty to the petitioner to bring the matter to the notice of the Block Development Officer, Sadar, Gurnla, Block Development Officer, Ramgarh, P.S. Bhabhua, District-Kaimur, District Provident Fund Officer, Rohtas and District Provident Fund Officer, Gumla, who, in their turn, will do needful and ensure that the amount, if any, deducted from the salary of the petitioner for the period aforesaid but has not been transferred to his account, is being transferred within a period of three months from the date of receipt of representation. The authorities will communicate their decision to the petitioner within the aforesaid period.

5. If the amount has been transferred or if nothing is to be transferred authorities will intimate it to the petitioner within the aforesaid period.

6. The writ petition stands disposed of with the aforesaid observations/directions.