Disposed¶20

Julious Ekka v. the State of Jharkhand

Jharkhand HC22 Oct 2024Cont.(Cvl)/371/2024

Case brief

AI extract

What is this about?

Contempt case (civil) closed; Julious Ekka v. State of Jharkhand and BCCL; offer of appointment dated 10.10.2024; Clause 10(VII) caste certificate requirement; reserved-category finding in L.P.A. No. 135 of 2023 (12.12.2023); respondents directed not to insist on caste certificate; applicant to comply with all other formalities; High Court of Jharkhand at Ranchi; M.S. Ramachandra Rao CJ; Deepak Roshan J; decided 22.10.2024.

What did the court decide?

Cont. Case (Civil) No. 371 of 2024 closed; respondents directed not to insist on the applicant complying with Clause 10(VII) of the offer of appointment dated 10.10.2024; applicant to comply with all other formalities; interlocutory applications, if any, disposed of. ¶20

Julious Ekka Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents may insist on the applicant complying with Clause 10(VII) of the offer of appointment dated 10.10.2024, requiring production of a caste certificate from the competent authority, in view of the earlier finding in L.P.A. No. 135 of 2023 that the applicant belongs to a reserved category.

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Ratio / Principle

As the caste-certificate issue was already decided in L.P.A. No. 135 of 2023 (12.12.2023), where the Bench recorded that the applicant belongs to a reserved category, the respondents shall not insist on the applicant complying with Clause 10(VII) of the offer of appointment dated 10.10.2024.

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Key takeaways

Apart from Clause 10(VII), the applicant shall comply with all other formalities of the offer of appointment.ratio¶19

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi — Cont. Case (Civil) No. 371 of 2024 — Decided 22.10.2024 — Coram: M.S. Ramachandra Rao, Chief Justice and Deepak Roshan, Judge. Contempt petition by Julious Ekka against the State of Jharkhand and Bharat Coking Coal Limited and its officials. Counsel for the respondents placed before the Court an offer of appointment issued on 10.10.2024 to the applicant; counsel for the applicant objected to Clause 10(VII), under which the respondents insisted on production of a caste certificate issued from the competent authority. Observing that the said issue had already been decided in L.P.A. No. 135 of 2023 on 12.12.2023, in which the Bench recorded a finding that the applicant belongs to a reserved category, the Court directed that the respondents shall not insist on the applicant complying with Clause 10(VII) of the offer of appointment dated 10.10.2024, while requiring the applicant to comply with all other formalities. Accordingly, Cont. Case (Civil) No. 371 of 2024 was closed and interlocutory applications, if any, stood disposed of.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 371 of 2024

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Julious Ekka, aged about 50 years, son of Late Pascal Ekka, resident of Village- Sargaon, PO- Kaimbo, PS- Mandar, District- Ranchi, Jharkhand 835214 ... ... ... ... ... ... Petitioner

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Versus

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The State of Jharkhand

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Bharat Coking Coal Limited, through its Chairman-cum-Managing Director, namely Samiran Dutta; having its office at Koyla Bhawan, Dhanbad, PO- GPO Dhanbad, PS- Dhanbad, District-Dhanbad, Jharkhand-826005

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Murli Krishna Ramaiah, The Director, Personnel, Bharat Coking Coal Limited, Koyla Bhawan, Dhanbad, PO- GPO Dhanbad, PSDhanbad, District-Dhanbad, Jharkhand-826005

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Surendra Bhushan, The Chief Personnel Manager, Bharat Coking Coal Limited, Koyla Bhawan, Dhanbad, PO- GPO Dhanbad, PSDhanbad, District-Dhanbad, Jharkhand-826005

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Anup Kumar Roy, The General Manager, Project-Colliery Sijuwa, , Bharat Coking Coal Limited, Koyla Bhawan, Dhanbad, PO- GPO Dhanbad, PS- Dhanbad, District-Dhanbad, Jharkhand-826005

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Rahul Kumar Sinha, The Deputy Commissioner, Ranchi, PO & PSRanchi, District-Ranchi, Jharkhand-834001… ... Respondents

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CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN

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--------For the Petitioner : Ms. Khushboo Kataruka , Advocate Mr. Shubham Kataruka, Advocate For the Resp- State: Mr. Rahul Kamlesh, AC to SC IV For the Resp-BCCL: Mr. Indrajit Sinha, Advocate Mr. Ankit Vishal, Advocate

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06/Dated: 22.10.2024

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1) Heard both sides.

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2) Counsel for the respondents has placed before us offer of appointment issued on 10.10.2024 to the applicant in the contempt case.

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3) Counsel for the applicant objects to Clause 10(VII) wherein the respondents have insisted on the applicant producing caste certificate issued from the competent authority. But since the said issue has already been decided in the L.P.A. No. 135 of 2023 on 12.12.2023

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-2-

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and the Bench has recorded a finding that the applicant belongs to a reserved category, we direct that the respondents shall not insist on the applicant complying with Clause 10(VII) of the offer of appointment dated 10.10.2024. However, the applicant shall comply with all other formalities.

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4) Accordingly, Cont. Case (Civil) No. 371 of 2024 is closed.

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5) Interlocutory application, if any, stands disposed of.

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(M.S. Ramachandra Rao, C.J.)

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(Deepak Roshan, J.)

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Sharda/MM/Cp.1

Julious Ekka v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Julious Ekka v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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