Jharkhand High Court
Shankar Kachchap & Ors vs The State Of Jharkhand & Ors. .... ..... ... on 17 May, 2019
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cont.Case (Civil) No.861 of 2017
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Shankar Kachchap & Ors. ..... .... Petitioners
--Versus--
The State of Jharkhand & Ors. .... ..... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
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For the Petitioners : Mr. Saurabh Shekhar, Advocate For the State : Mr. Prashant Kumar Singh, G.P.-II Mr. L.G.R. Shahdeo, A.C. to G.P.-II
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8/ 17.05.2019 Affidavit dated 16.05.2019 is taken on record.
Order dated 12.04.2019 records as under:
"A copy of the affidavit dated 11.04.2019 is tendered in the Court. This affidavit has been sworn by respondent-contemnor no.6.
In paragraph no.7 of this affidavit the contemnor-respondent no.6 has stated that on the basis of opinion from the competent authority the Department is going to file Special Leave Petition.
Multiple proceedings have been taken by the parties; on the previous occasion the matter has gone up to the Hon'ble Supreme Court and the award of reinstatement of the writ-petitioners has attained finality. Now, on regularization of the petitioner-employees the respondents have lost their battle in two Courts.
One of the issues raised by the learned counsel for the petitioners is whether the writ-petitioners would be entitled for the benefits of regularization from the date when their claim was allowed by the writ Court or when the litigation finally ends.
Mr. Saurabh Shekhar, the learned counsel for the petitioners submits that rightful benefit to the employees should not be denied on account of the series of litigations started by the State.
At this stage, I do not think it would be proper to seek an affidavit on the aforesaid issues from the respondent-contemnors and acceding to the request of the learned State counsel hearing of this contempt petition is adjourned for 17.05.2019.
However, an affidavit shall be filed by the contemnor- Secretary disclosing the name of the competent authority who has granted approval for filing of the Special Leave Petition."
The order dated 12.04.2019 records that in the affidavit dated 11.04.2019 a statement was made on behalf of the contemnors that the Department has taken a decision to file Special Leave Petition against the order dated 24.01.2019 passed by the Hon'ble Division Bench in L.P.A. No.14 of 2018.
To a Court's query, Mr. L.G.R. Shahdeo, the learned State counsel states he has no instruction whether Special Leave Petition challenging the order dated 24.01.2019 passed in L.P.A. No.14 of 2018 has 2 been filed.
The affidavit dated 16.05.2019 filed by the contemnor-Secretary does not disclose that the Special Leave Petition against the order passed in L.P.A. No.14 of 2018 has been filed. It is stated that for seeking opinion of the learned Advocate-General the file was sent to him and a decision was taken to prefer Special Leave Petition. The date when the file of this case was sent to the learned Advocate-General and when opinion of the learned Advocate-General has been received, have not been disclosed in the affidavit dated 16.05.2019.
In this affidavit, the contemnor-Secretary has stated as under: "12. That it is humbly stated and submitted that on perusal of the judgment dated 24.01.2019 passed by Hon'ble Division Bench as well as grounds of S.L.P. learned Advocate General, Jharkhand High Court, Ranchi opined to prefer an appeal in the matter before Hon'ble Supreme Court.
13. That, it is stated and submitted, thereafter, after getting opinion from the competent authority, the answering department is going with the preferred S.L.P. before Hon'ble Supreme Court against the order dated 24.1.2019 passed in L.P.A. No.14 of 2018."
In this affidavit, it is stated that since the orders passed by the Hon'ble Division Bench would incur huge financial burden upon the State ex-chequer and the order pertains to regularization, the Department has taken a decision to challenge the order of the Hon'ble Division Bench.
Such statement was made on the last date of hearing also. The way in which the matter has been prosecuted by the Department, demonstrates that the affidavit dated 16.05.2019 has been filed only with an object to prolong this contempt proceeding.
This is 5th date of listing of this contempt case and today also hearing of this contempt case has to be adjourned because an affidavit disclosing confirmed facts has not been filed.
In view of the above facts, cost of Rs.50,000/- is imposed upon the Department of Drinking Water and Sanitation, Government of Jharkhand, which shall be deposited with Jharkhand High Court Legal Services Authority within four weeks.
Post the matter on 21.06.2019.
(Shree Chandrashekhar, J.) SI/,