Jharkhand High Court
Premchandra Tiwari & Ors vs State Of Jharkhand & Ors on 4 May, 2010
Author: Amareshwar Sahay
Bench: Amareshwar Sahay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.S. No. 628 of 2010
Premchandra Tiwari & Ors.................... Petitioners.
Versus
State of Jharkhand & Ors .................. Respondents.
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Coram: Hon'ble Mr. Justice Amareshwar Sahay
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For the petitioner : Mrs. Ritu Kumar, Advocates
For the Respondents : Mr. JC to Sr. S.C.I
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I.A. No. 1288 of 2010
3/04.05.2010Heard the parties.
In view of the statements made in the petition and the grounds taken therein, this interlocutory application is allowed. Let this interlocutory application be treated as a part of the main writ petition.
I.A. No. 1288 of 2010 stands disposed of.
W.P.S. No. 628 of 2010The prayer of the petitioners in this writ petition is to reinstate them in service with consequential benefits because of the fact that similarly situated persons, whose services were also initially terminated in view of the order dated 08/03/1999, contained in Annexure4 to the writ petition, have been quashed by the Patna High Court by order dated 06/10/2009 in CWJC No. 6575 of 2009, contained in Annexure5, to this writ petition.
According to the petitioners, their case are exactly similarly situated to those writ petitioners before the Patna High Court.
In my view, the claim of the petitioners for their reinstatement on the basis of the judgment of the Patna High Court depends on the fact that their cases are also covered by the said judgment of Patna High Court in similar matters. Nothing has been stated in this writ petition as to whether against the order of the Single Judge of Patna High Court in the aforesaid case any letters patent appeal was filed or whether the order of the Single Judge of Patna High Court referred to above has been altered or varied in a letters patent appeal or has become final.
In this view of the matter, firstly it has to be seen and examined as to what final out come of the Patna High Court in the case of "Om Prakash versus State of Bihar & Ors" as contained in Annexure 5 to the writ petition and whether this order has become final or not and further as to whether the cases of the petitioners are covered by the decision of the Patna High Court in similarly situated case. This exercise has firstly to be done by a competent authority of the State Government.
Accordingly, I hereby dispose of this writ petition by giving liberty to the petitioners to file their respective individual representations before The Directorin Chief, Health Services, Government of Jharkhand, Ranchi (Respondent no. 3) stating in detail about their claims and grievances, alongwith supporting documents if any within a period of three weeks. If such representations are filed by the petitioners within the aforesaid period, the Directorin Chief, shall examine and determine the claim of the petitioners individually and, thereafter, shall pass an appropriate reasoned order in accordance with law within a period of eight weeks from the date of receipt of such representations.
With these observations and directions, this writ petition stands disposed of.
(Amareshwar Sahay, J) Mukund/