Disposed

Ravindra Kumar v. the State of Jharkhand

Jharkhand HC12 Mar 2024WPC/350/2023

Case brief

AI extract

What is this about?

A Junior Engineer sought enforcement of an accepted request to exercise lien and rejoin Jharkhand's Road Construction Department after being relieved by Bihar's Water Resources Department. No adverse order had been passed; the court disposed of the petition directing him to file a representation with respondent no. 6, who must pass a reasoned order within set timelines.

What the court decided

AI extract

Ravindra Kumar Vs the State of Jharkhand — Service and Employment | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 350 of 2023

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Ravindra Kumar, aged about 38 years, son of Mahabir Prasad, Resident of House of Late Sri Bhagwan Das Malakar, Bihar Sharif, Village Dipnagar, P.O. and P.S. Dipnagar, District Nalanda (Bihar) PIN 803111 … … Petitioner

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Versus

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The State of Jharkhand

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The Secretary, Road Construction Department, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S Jagarnathpur, District Ranchi, PIN-834004, Jharkhand

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The Engineer-in-Chief, Road Construction Department, Government of Jharkhand, having its office at Engineering Hostel, Sector 4, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi, PIN-834004, Jharkhand

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The Executive Engineer, Building Construction Department (Building Division), Gumla, P.O. & P.S. Gumla, District Gumla, Jharkhand

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The State of Bihar

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The Principal Secretary, Water Resources Department, Government of Bihar, having its office at Sinchai Bhawan, Harding Road, Rajbansi Nagar, P.O, P.S. & District Patna (Bihar) PIN: 800015.

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Engineer-in-Chief (Headquarters Water Resources Department), Government of Bihar, having its office at Sinchai Bhawan, Harding Road, Rajbansi Nagar, PO, PS. & District Patna (Bihar) PIN: 800015.

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The Under Secretary, Water Resources Department, Government of Bihar, having its office at Sinchai Bhawan, Harding Road, Rajbansi Nagar, P.O, P.S. & District Patna (Bihar) PIN: 800015 … … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Shubham Sinha, Advocate : Mr. Nipun Bakshi, Advocate For the State of Bihar : Mr. Binit Chandra, Advocate For the State of Jharkhand: Mr. Krishna Kumar Bhatt, A.C. to S.C. I

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08 /12.03.2024 Learned counsel for the parties are present.

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2. This writ petition has been filed for the following reliefs:-

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“ (i) For issuance of a Writ of Mandamus or any other appropriate writ/order/direction upon the Respondents No. 02 to 04 for implementing the Notification No. PNV.-03/V01/2020 1725(S)/Ranchi dated 24.07.2021 [Annexure-8] by which the Petitioner's request to exercise his lien to join the previous service with the Government of Jharkhand has been accepted and also issue a further direction for immediately permitting the Petitioner to again join his service with the Respondent No. 02- Road Construction Department,

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Government of Jharkhand after being relieved from the service of Water Resources Department, Government of Bihar.

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(ii) For issuance of any appropriate writ/order/direction on the Respondents No. 02 to 04 to also extend all service benefits that had accrued to him pursuant to his appointment on the substantive post of Junior Engineer, Road Construction Department, Government of Jharkhand and to also count his service rendered with the Government of Jharkhand for considering his case for promotion to the next higher post as the Petitioner has already fulfilled the requirement by rendering more than five years' service on the said post and also possesses the requisite qualification prescribed and recognized for the promotional post.

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(iii) For issuance of a further direction to the Respondents No. 02 to 04 to fix the appropriate pay scale after taking back the Petitioner in service and grant all consequential monetary benefits including past increments and other fitment benefits and also grant the pay scale attached to the promotional post of Assistant Engineer to which the Petitioner has become entitled to be promoted.

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(iv) For issuance of appropriate order/direction on the Respondents No. 06 to 08 for relieving the Petitioner in order to enable him to exercise his lien and join his service with the Road Construction Department, Government of Jharkhand. (Respondent No. 02).

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3. Learned counsel for the petitioner has submitted that the writ petition was filed on 20.01.2023. During the pendency of this writ petition, a letter was issued to the petitioner dated 05.09.2023 by respondent no. 8 asking the petitioner to submit certain documents so that appropriate steps could be taken and the matter could be forwarded to the concerned authority of the State of Jharkhand for necessary orders. Learned counsel submits that in response to the letter dated 05.09.2023 annexed with the supplementary affidavit, the petitioner has submitted the required documents on 11.09.2023 but the petitioner has not been intimated with any further communication. He submits that appropriate order be passed so that the respondent no. 8 may do the needful and ultimately the grievance of the petitioner is redressed.

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4. Learned counsel appearing for the State of Bihar has also submitted that if no steps has been taken pursuant to letter dated 05.09.2023 and in view of the response of the petitioner dated 11.09.2023, appropriate direction can be issued.

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5. Learned counsel appearing for the State of Jharkhand has submitted that the moment, the communication is received from the State of Bihar, appropriate order will be passed based on materials available on record.

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6. After hearing the learned counsel for the parties and considering the nature of relief sought for by the petitioner this court finds that no adverse order has been passed in connection with the claim of the petitioner as made in the writ petition. It further appears that during the pendency of this case, a communication has been received by the petitioner dated 05.09.2023 from the respondent no. 8 in which a reference of the present writ petition has also been mentioned and the petitioner has been asked to submit certain documents mentioned therein so that appropriate order/direction be issued in connection with forwarding the matter to the authority in the State of Jharkhand i.e. respondent no. 2. It further appears from supplementary affidavit that the petitioner has responded to the letter dated 05.09.2023 vide letter dated 11.09.2023 enclosing the documents but as of now grievance of the petitioner is that no final order has been passed and therefore the petitioner is suffering.

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7. In the aforesaid facts and circumstances, this writ petition is disposed of enabling the petitioner to approach the respondent no. 6 with the records of this case and a copy of this order and also a representation within a period of 30 days from today.

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8. Upon filing of such representation, the respondent no. 6 is directed to do the needful and pass appropriate order and if any communication is required to be made to the respondent no. 2 pursuant to the letter dated 05.09.2023 and the documents submitted by the petitioner, the needful be done within a period of one month from the date of representation. Thereafter the respondent no. 2 is directed to take up the matter and do the needful within a period of one month from the date of receipt of the communication from respondent no. 6. The respondent no. 6 is directed to pass a reasoned order in connection with the claim/grievance of the petitioner and a copy of the same is also directed to be forwarded to the petitioner through speed post at the address to the provided in the representation

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itself. It is for the concerned respondents to pass appropriate orders as per the applicable guidelines circular etc.

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9. This court has not entered into the merit or otherwise of the claim of the petitioner.

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10. This writ petition is accordingly disposed of.

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(Anubha Rawat Choudhary, J.)

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Binit

Ravindra Kumar v. the State of Jharkhand

Case brief

What is this about?

What the court decided

Ravindra Kumar v. the State of Jharkhand

Case brief

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