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Damu Devgam Vs. State of Jharkhand and ors.

Damu Devgam vs State of Jharkhand and ors.

Type Court Judgment Court Jharkhand Decided Sep 05, 2006
~3 min read
https://sooperkanoon.com/case/521413

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Citation
Court
Jharkhand High Court
Judge
Decided On
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

- 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 St...

Key legal issue
Service

Parties & Advocates

Appellant / Petitioner

Damu Devgam

Respondent

State of Jharkhand and ors.

Legal References

Cases Referred
Raghunath Purty v. State of Jharkhand and Ors.
Reported In
[2006(4)JCR601(Jhr)]

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. .....that this decision shall have prospective effect. on the basis of the aforesaid order dated 22.3.2006 in the aforesaid batch writ petitions, two other writ petitions, i.e. wp (s) no. 6964/2005 and wp (s) no. 6951/2005. filed by rajni das and damu devgam respectively, were also disposed of in terms of the judgment/order dated 22.3.2006 in the aforesaid batch of writ petitions.3. raghunath purty. the writ petitioner of wp (s) no. 6466/2005 and rajni das. the writ petitioner of wp (s) no. 6964/ 2005, preferred lpa no. 201/2006 and lpa no. 270/2006 respectively against the order and direction passed by the learned single judge whereby he had observed in his order dated 22.3.2006 that the said decision shall have prospective effect.4. the division bench after hearing both the lpas aforesaid, disposed of both the appeals by order dated 14.8.2006 by modifying thejudgment / orderdated 22.3.2006 of the learned single judge and thereby the last line of the judgment, in the: aforesaid writ petitions, i.e. 'however, the decision shall have prospective effect' in para-13 of the judgment passed in wp (s) no. 6466/2005 and analogous cases, was deleted.5. the case of the petitioner is squarely covered by the order dated 14.8.2006 passed by the division bench of this court in lpa no. 201/2006 with lpa no. 270/2006. raghunath purty v. state of jharkhand and ors. 2006 (4) jcr 471 (jhr).6. according, this appeal is also being disposed of in terms of thejudgment / orderdated 14.8.2006 passed by the division bench of this court in the aforesaid lpa. no. 201/2006 with lpa. no 270/2006.

Full Judgment

ORDER

1. Heard.

2. A batch of three writ petitions being WP (S) 5443 of 2005 along with WP IS) No. 1918/2005 and WP (S) No. 6466/ 2005 were heard together and were disposed of by a common order dated 22.3.2006.' In those writ petitions the 'prayer was made lo quash the order dated 3.9.2005 issued by the Deputy Development Commissioner-cum-Executive Engineer. Zila Parishad. Dhanbad, whereby the writ petitioners were directed to be superannuated on account of completion of 58 years of age. Further prayer in those writ petitions were for directions to the Zila Parishad to implement the directions of the State Government dated 26.10.2004 for enhancement of age of superannuation from 58 years to 60 years. All the three aforesaid writ petitions were disposed of by order dated 22.3.2006 holding that the resolution taken by the Government vide memo No. 5826 dated 26.10.2004 enhancing the age of superannuation of the Government's employees from 58 years to 60 years shall also be applicable in the case of the employees of Zila Parishad and, accordingly, the age of superannuation of the employees of Zila Parishad was directed to be of 60 years. However, the learned single Judge observed that this decision shall have prospective effect. On the basis of the aforesaid order dated 22.3.2006 in the aforesaid batch writ petitions, two other writ petitions, i.e. WP (S) No. 6964/2005 and WP (S) No. 6951/2005. filed by Rajni Das and Damu Devgam respectively, were also disposed of in terms of the judgment/order dated 22.3.2006 in the aforesaid batch of writ petitions.

3. Raghunath Purty. the writ petitioner of WP (S) No. 6466/2005 and Rajni Das. the writ petitioner of WP (S) No. 6964/ 2005, preferred LPA No. 201/2006 and LPA No. 270/2006 respectively against the order and direction passed by the learned single Judge whereby he had observed in his order dated 22.3.2006 that the said decision shall have prospective effect.

4. The Division Bench after hearing both the LPAs aforesaid, disposed of both the appeals by order dated 14.8.2006 by modifying the

JUDGMENT / ORDER

dated 22.3.2006 of the learned single Judge and thereby the last line of the judgment, in the: aforesaid writ petitions, i.e. 'however, the decision shall have prospective effect' in para-13 of the judgment passed in WP (S) No. 6466/2005 and analogous cases, was deleted.

5. The case of the petitioner is squarely covered by the order dated 14.8.2006 passed by the Division Bench of this Court in LPA No. 201/2006 with LPA No. 270/2006. Raghunath Purty v. State of Jharkhand and Ors. 2006 (4) JCR 471 (Jhr).

6. According, this appeal is also being disposed of in terms of the

JUDGMENT / ORDER

dated 14.8.2006 passed by the Division Bench of this Court in the aforesaid LPA. No. 201/2006 with LPA. No 270/2006.

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