Disposed

Vishnu Kumar Bansal and Ors. v. State of Jharkhand through Rajbala Verma Chief Secretary and Ors.

Jharkhand HC4 Mar 2022Cont.(Cvl)/704/2017

Case brief

AI extract

What is this about?

The Court accepted the State's affidavit showing Petitioner no.9 was appointed subject to a legal proceeding. Disposed the contempt petition as complied with, allowing the petitioner to challenge conditions separately.

What did the court decide?

The contempt case is closed with liberty to the petitioner to avail of appropriate remedy aggrieved by conditions of appointment.

Vishnu Kumar Bansal and Ors. Vs State of… — Pension and Retirement Benefits | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Contempt Case (Civil) No.704 of 2017

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Vishnu Kumar Bansal, s/o Shri Radha Ballabh, presently residing at H.No.93, Room No.C-6, Near Shiv Mandir, PO, PSKatwaria Sarai, New Delhi-110016.

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C.K. Purti, s/o Shri Paulus Purti, presently residing at D-63, 64/01, Ground Floor, Vishwakarma Colony, Lal Kuan, M.B. Road, PO-Badarpur, PS-Pul Pahldpur, New Delhi-110044.

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Tarun Kumar, s/o late Shri Chaman Lal, presently residing at House No.177, Block No.13, 3^rd Floor, Geeta Colony, PO & PSGeeta Colony, Delhi-110031.

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Rajesh Xalxo, s/o Shri William Xalxo, presently residing at Park View Apartment, C-9, Plot No.34, Ward No.1, Mehrauli, PO & PSMehrauli, New Delhi-110030.

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Bipta Oraon, s/o Shri Thuma Oraon, presently residing at Jharkhand Bhawan, Near Indian Airlines Colony, Vasant Vihar, PO & PS-Vasant Vihar, New Delhi-110057.

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Manisha Gusain @ Rawat, d/o M.S. Rawat, presently residing at DB-90A, LIG DDA Flats, Hari Nagar, PO & PS-Hari Nagar, New Delhi-110064.

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Ravindar Kumar, s/o late Shri Sohan Lal, presently residing at Mizoram Bhawan, Q.No.2, Chankyapuri, PO & PS-Chankyapuri, New Delhi.

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Sushil Minz, s/o late Shri Benedick Minz, presently residing at Block-22, Q.No.601, Nurses Residential Complex, Sriniwaspuri, PO & PS-Sriniwaspuri, New Delhi-110065.

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Rajnath Singh Yadav, s/o Shri Ramdas Yadav, presently residing at A-1/110, Safdarjung Enclave, PO & PS-Safdarjung, Delhi.

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Rakesh Kumar, s/o Shri Jageshwar, presently residing at 62, D.I.D Delhi Raidiag Club, Safdarjung Road, PO & PS-Safdarjung, New Delhi.

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Kamal Soren, s/o Shri Barka Soren, presently residing at 309A, Muniraka Village, PO & PS-Muniraka, New Delhi.

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Phulendar Baski, Driver son of Shri Nanua Baski, presently residing at Balwant Rai Mehta Lane, Banglow No.23, New Delhi110021.

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Sanjay Kumar Manjhi, s/o Shri Shiv Shankar Manjhi, presently residing at 237, Sector-6 R.K. Puram, PO & PS-R. K. Puram, New Delhi-110022.

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Diwakar Prasad, s/o Shri Kiran Deo Prasad, presently residing at C/o Rajvir Singh, 2A/9, Dahiya Bhawan, 2^nd Floor, Kishangarh, Basantkunj, New Delhi-110070.

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Kaushal Kumar Yadav, Driver, s/o Shri Janki Prasad Yadav, presently residing at Bihar Bhawan Q.No.7, Chankyapuri, PO & PS-Chankyapuri, New Delhi-110021.

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Awadh Rai, s/o Saryu Rai, presently residing at C/o Jharkhand Bhawan, Vasant Vihar, Kusumpur Pahari, PO & PSBasant Vihar, New Delhi-110057.

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Aggapir Ekka, s/o Shri Shanti Prasad Ekka, presently residing

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2 Contempt Case (Civil) No.704 of 2017

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at House No.72, Mohmadpur, PO & PS-Mohmadpur, New Delhi110066.

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Sanjay Kumar Sinha, s/o late Shri Narayan Prasad Sinha, presently residing at F-33/C Centre Wali Gali, Katwaria Sarai, New Delhi-110016. … Petitioners

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Versus

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State of Jharkhand.

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Rajbala Verma, w/o Sri J.B. Tubid, Chief Secretary, having its office at Project Building, PO+PS-Dhurwa, District-Ranchi, Jharkhand.

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Smt. Nidhi Khare, Secretary, Department of Personnel, Training and Rajbhasa, Govt. of Jharkhand having its office at Project Building, PO & PS-Dhurwa, District-Ranchi, Jharkhand.

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Amitabh Kaushal, Secretary, Labour, Employment & Rajbhasa, Govt. of Jharkhand, Project Building, PO & PS-Dhurwa, DistrictRanchi.

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D. K. Tiwari, s/o Sri Gaya Prasad Tiwari, Resident Commissioner, Govt. of Jharkhand, Jharkhand Bhawan, PO & PSVasant Vihar, District-New Delhi. … Opposite Parties

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(Through V.C)

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioners : Mr. V. K. Dubey, Advocate For the State : Mr. D. K. Dubey, AC to AAG-II --------

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Order No.17/Dated: 4th March 2022

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An affidavit dated 4^th March 2022 by the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand has been filed.

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2. In the said affidavit the following statements have been

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made:

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“4. That it is most humbly submitted that the order dated 03.04.2017 passed in W.P.(S) No.3973 of 2014 has been duly complied with by the opposite parties.

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5. That it is most humbly submitted that regularization of service of petitioner no.9, Rajnath Singh Yadav has been done on the post of “Aadeshpal (non-matrik)” in 4440-7440, Grade Pay-1650, with certain conditions and subject to final outcome of L.P.A No.482 of 2017 vide Resolution No.273 dated 02.03.2022 by the Cabinet, Govt. of Jharkhand.

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6. That it is most humbly submitted that in consonance with the Resolution No.273 dated 02.03.2022, an order has also been passed by the Chief Administrative Officer, Jharkhand Bhawan, New Delhi vide Memo No.63/CAO dated 03.03.2022 for appointment of Petitioner no.9 on the above mentioned post and grade pay.”

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3 Contempt Case (Civil) No.704 of 2017

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3. As would appear from the aforesaid affidavit, appointment of petitioner no.9 is on certain conditions and shall be subject to final outcome of L.P.A No.482 of 2017. The learned counsel for the petitioner no.9 has tried to address the Court on the conditions of appointment but keeping in mind the limitations in a contempt proceeding I am not inclined to express any opinion on the legality or otherwise of the aforesaid conditions.

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4. In view of the affidavit dated 4^th March 2022, the present contempt case is closed with liberty to the petitioner no.9 to avail of appropriate remedy in law if he is aggrieved by any of the conditions contained in the Resolution dated 2^nd March 2022 and the consequential letter dated 3^rd March 2022.

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(Shree Chandrashekhar, J.)

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Amit/

Vishnu Kumar Bansal and Ors. v. State of Jharkhand through Rajbala Verma Chief Secretary and Ors.

Case brief

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Vishnu Kumar Bansal and Ors. v. State of Jharkhand through Rajbala Verma Chief Secretary and Ors.

Case brief

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