National Institute Of Foundary vs Malay Kuamr Banerjee & Ors on 9 May, 2011

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            L.P.A. No. 395 of 2008
National Institute of Foundry and Forge Technology (NIFFT)...   Appellant
                                    Versus
Malay Kumar Banerjee & Ors.                             ...      Respondents
                                  With
                         L.P.A. No. 379 of 2008
1. The Union of India through its Secretary,
   Ministry of Human Resources Development,
   Department of Higher Education, New Delhi
2. The Deputy Secretary to the Government of India,
   Ministry of Human Resources                                ...    Appellants
                            Versus
Malay Kumar Banerjee, S/o Late Mohit Kumar Banerjee,
West Bengal & Ors.                                        ...     Respondents
                                         ------
      CORAM:         HON'BLE MR. JUSTICE PRAKASH TATIA
                     HON'BLE MR. JUSTICE R.K.MERATHIA
                                          ------
      For the Petitioner:            Mr. Rajiv Ranjan, Advocate
      For the Respondents:           Mr. Sujit Narayan Prasad, Advocate
                                  ------
      Order No. 10                                 Dated: 9th of May, 2011.
      I.A. No. 1066 of 2011.
              Heard learned counsel for the parties on Interlocutory
       Application No. 1066 of 2011.
              It has been submitted by the learned counsel for the
       respondent that the Division Bench of this Court on 18.04.2009
       passed the order to maintain status-quo with regard to the post of
       Director, National Institute of Foundry & Forge Technology (NIFFT),
       Ranchi and it has been ordered that no fresh appointment on the
       post of Director, National Institute of Foundry & Forge Technology
       (NIFFT), Ranchi shall be made by the appellant during the
       pendency of these appeals.
              Learned counsel for the respondent submits that the term of
       the service if it would have been allowed to the respondent-writ
       petitioner then it would have come to an end on 31st May, 2011.
              In view of the above reasons, beyond that period there
       cannot be any continuance of stay against giving fresh appointment
       on the post of Director, National Institute of Foundry & Forge
       Technology (NIFFT), Ranchi .
              Learned counsel for the appellant submits that even if the
       term of the office would expire on 31st May, 2011 for the
       respondent, if he would have been appointed even then, he want to
       pursue his case because he was entitled to certain benefits.
              Be that as it may, this fact is not in dispute that if respondent
       would have been given appointment on the said post of Director,
       National Institute of Foundry & Forge Technology (NIFFT), Ranchi
                  then also his term would have come to an end on 31st May, 2011
                 then beyond that period the respondent cannot seek stay against
                 appointment of the Director, National Institute of Foundry & Forge
                 Technology (NIFFT), Ranchi by the appellant.
                          In view of the above reasons, the stay order dated
                 18.04.2009

is modified to the extent that after 1st June, 2011 the
appellant will be free to give appointment on the post of Director,
National Institute of Foundry & Forge Technology (NIFFT), Ranchi .

Interlocutory Application No. 1066 of 2011 is accordingly
allowed.

Put up both the matters for final hearing in the second week
of June, 2011.

                                                                                (Prakash Tatia, J.)

(R.K.Merathia, J.)

D.S./Sudhir.