Court on Its Own Motion Vs. State of Jharkhand and ors

Court on Its Own Motion vs State of Jharkhand and ors

Type Court Judgment Court Jharkhand Decided Jun 21, 2013

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https://sooperkanoon.com/case/972740

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Citation: sooperkanoon.com/972740
Court: Jharkhand High Court
Decided On: Jun 21, 2013
Subject: Education

Case Summary

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

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Court on Its Own Motion

Respondent

State of Jharkhand and ors

Excerpt

.....by the government in accordance with rule and such grievance cannot be entertained here. therefore, this i.a. is dismissed with liberty to the petitioner to avail remedy which is available to him in accordance with law. i.a. no. 2873 of 2013 stands dismissed. this court has already made it clear to the state government as on 6th february, 2013 in the order no.10 that 31st march given to the state for completing the job is not the minimum time given to state but maximum time given to the state and state was expected to do the job before that period. the recommendation sent for the consideration and that too in the cadre of ias was found to be absolutely unsatisfactory to the extent of being objectionable. after taking note of this type of working of the state officials, this court gave 31st march as a last time for completing the job of selection of officers in the cadre of ias from the state. the state is virtually denying the benefit of ias cadre to the state employees. now after 31 st march, almost three months are going to pass by 30 th june and we found that no substantial progress is in the matter. if the names are not considered and the recommendations are not sent by the state to the appropriate authority, by or before 20 th july, 2013, the principal secretary, department of personnel, administrative reforms and rajbhasha, government of jharkhand shall remain present in court with an explanation as to why recommendation has not been sent to the appropriate authority. put up this case on 20th july, 2013. (prakash tatia, c.j.) (jaya roy, j.) si/anit

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No.2526 of 2012 Gopi Nandan Prasad ...... Petitioner Vrs. State of Jharkhand & Ors. ...... Respondents ------ CORAM: HONBLE THE CHIEF JUSTICE HONBLE MRS. JUSTICE JAYA ROY ------ For the Petitioner : Mr. Sumeet Gadodia, Amicus Curiae For the State : Mr. Shamim Akhtar For the UPSC : Mr. Faizur Rahman, Advocate Order No.13 Dated 21st June, 2013. Heard learned counsel for the parties on I.A. No. 2873 of 2013 by which some grievances have been raised which is pertaining to individuals and that has nothing to do with the subject matter of this PIL whereby this Court wants to see that the vacancy of IAS cadre may be filled up, how it is filled up, it is decided by the Government in accordance with rule and such grievance cannot be entertained here. Therefore, this I.A. Is dismissed with liberty to the petitioner to avail remedy which is available to him in accordance with law. I.A. No. 2873 of 2013 stands dismissed. This Court has already made it clear to the State Government as on 6th February, 2013 in the order no.10 that 31st March given to the State for completing the job is not the minimum time given to State but maximum time given to the State and State was expected to do the job before that period. The recommendation sent for the consideration and that too in the cadre of IAS was found to be absolutely unsatisfactory to the extent of being objectionable. After taking note of this type of working of the State officials, this Court gave 31st March as a last time for completing the job of selection of officers in the cadre of IAS from the State. The State is virtually denying the benefit of IAS cadre to the State employees. Now after 31 st March, almost three months are going to pass by 30 th June and we found that no substantial progress is in the matter. If the names are not considered and the recommendations are not sent by the State to the appropriate authority, by or before 20 th July, 2013, the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand shall remain present in Court with an explanation as to why recommendation has not been sent to the appropriate authority. Put up this case on 20th July, 2013. (Prakash Tatia, C.J.) (Jaya Roy, J.) SI/Anit

Same Court & Year Jharkhand · 2013 Same Parties Court on Its Own Motion vs State of Jharkhand and ors Same Subject Education