Surendra Sharma Vs. State of Jharkhand and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1007582
CourtJharkhand High Court
Decided OnAug-13-2013
AppellantSurendra Sharma
RespondentState of Jharkhand and ors
Excerpt:
in the high court of jharkhand at ranchi w.p.(s). no. 4221 of 2011 surendra sharma .... petitioner versus the state of jharkhand & others ..... respondents ---------- coram: honble mr. justice aparesh kumar singh for the petitioner : mr.sanjay kumar pandey for the respondents : s.c. i i.a. no. 5459 o”10. 13.08.2013 by way of instant interlocutory application, petitioner seeks to challenge the three men committee report constituted for scrutinizing the claim of the petitioner for recognition of service in project girls high school, jainagar, district- koderma, since according to him the said report is in violation of the decision rendered by the full bench reported in 2000(1)pljr 28 and upheld by the hon'ble supreme court in its judgment reported in 2006(ii) scc 545.the claim of the petitioner is that the respondents are not recognizing his service in the project girls school, jainagar, koderma on the basis of aforesaid three men committee report. in that view of the matter, the report, so far as it relates to the petitioner is allowed to be challenged in the main writ application by permitting counsel for the petitioner to incorporate the proposed prayer in the main writ application. the prayer made in the instant i.a is co-related to the main cause of action. i.a. no. 5459 of 2013 is allowed. w.p.s. no. 4221 of 2011 learned counsel for the petitioner shall carry out necessary correction in the main writ application in red ink at the relevant place during the course of the day. learned counsel for the respondent- state shall file reply to the amended writ application within a period of 4 weeks list this case after 4 weeks. (aparesh kumar singh, j.) a. mohanty
Judgment:

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 4221 of 2011 Surendra Sharma .... Petitioner Versus The State of Jharkhand & others ..... Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr.Sanjay Kumar Pandey For the Respondents : S.C. I I.A. No. 5459 o”

10. 13.08.2013 By way of instant interlocutory application, petitioner seeks to challenge the three men committee report constituted for scrutinizing the claim of the petitioner for recognition of service in project Girls High School, Jainagar, District- Koderma, since according to him the said report is in violation of the decision rendered by the Full Bench reported in 2000(1)PLJR 28 and upheld by the Hon'ble Supreme Court in its judgment reported in 2006(II) SCC 545.The claim of the petitioner is that the respondents are not recognizing his service in the Project Girls School, Jainagar, Koderma on the basis of aforesaid three men committee report. In that view of the matter, the report, so far as it relates to the petitioner is allowed to be challenged in the main writ application by permitting counsel for the petitioner to incorporate the proposed prayer in the main writ application. The prayer made in the instant I.A is co-related to the main cause of action. I.A. No. 5459 of 2013 is allowed. W.P.S. No. 4221 of 2011 Learned counsel for the petitioner shall carry out necessary correction in the main writ application in red ink at the relevant place during the course of the day. Learned counsel for the respondent- State shall file reply to the amended writ application within a period of 4 weeks List this case after 4 weeks. (Aparesh Kumar Singh, J.) A. Mohanty