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
3/04.05.2010
Heard 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 2010
The 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/