IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1597 of 2010
JAGDISH NARAYAN SINGH & ORS
Versus
THE STATE OF BIHAR & ORS
with
CWJC No.4261 of 2010
NANDLAL MAHTO & ORS
Versus
THE STATE OF BIHAR & ORS
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6. 18.11.2010 These matters have been referred to the Division Bench by
the learned single Judge with observation that notification of 1949
under Article 309 of the Constitution of India has fallen for different
interpretations by the State of Bihar and the newly created State of
Jharkhand creating an anamolous position. A Division Bench of this
Court by order dated 21.9.2010 granted time to the State
Government to file counter-affidavit. Accordingly, State
Government has filed counter-affidavit of which paragraphs-5 and 6
are reads as follows :-
” Para-5- That it is submitted that in view of
the order/judgment passed by Hon’ble Apex
Court in Secretary, State of Karnataka- Versus
– Uma Devi, the respondents have no
objection to consider the case of the
petitioners in the light of the aforesaid
order/judgment by constituting a committee.”
” Para-6- That it will be further relevant to
mention herein that in compliance of memo
no.47 dated 05.07.2005, letter no.5566 dated
02.08.2007 and letter no.1262 dated
0402.2008 issued by the Finance Department
a list of work charge employees including
these petitioners have been sent to the
Department of Finance vide letter no.3125
dated 07.04.2008 for considering their case
including the petitioners. The department vide
letter no.9410 dated 17.08.2010 has again
requested the Finance Department to
expeditiously take decision with respect to the
petitioners.”
2
In view of the statement made in the counter-affidavit, the
case of the petitioners has been referred to the Department of
Finance vide letter no.3125 dated 07.04.2008 and again vide another
letter no.9410 dated 17.08.2010.
Having heard the parties, we are of the opinion that
respondents shall pass necessary order within a period of four
months from the date of receipt of a copy of this order.
Post these matters after summer vacation.
( T. Meena Kumari, J.)
Sudip ( Kishore K. Mandal, J. )