IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.1440 of 2009
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY, DEPTT. OF INDUSTRY,
GOVT. OF BIHAR, PATNA
Versus
1. RAMA RAMAN SINGH S/O SHRI RAJDEO SINGH R/O
VILL.- MOMINDPUR, P.O.- FATUHA, DISTT.- PATNA
2. THE BIHAR STATE TEXTILE CORPORATION LTD.
THROUGH ITS MANAGING DIRECTOR HAVING ITS
OFFICE AT 5TH FLOOR, LALIT BHAWAN, BAILEY
ROAD, PATNA
3. THE MANAGING DIRECTOR, THE BIHAR STATE
TEXTILE CORPORATION LTD. HAVING ITS OFFICE AT
5TH FLOOR, LALIT BHAWAN, BAILEY ROAD, PATNA
4. THE SIWAN CO-OPERATIVE SPINNING MILLS
THROUGH ITS MANAGING DIRECTOR HAVING ITS
HEAD OFFICE AT 5TH FLOOR, LALIT BHAWAN,
BAILEY ROAD, PATNA
5. THE MANAGING DIRECTOR, THE SIWAN CO-
OPERATIVE SPINNING MILLS HAVING ITS HEAD
OFFICE AT 5TH FLOOR, LALIT BHAWAN, BAILEY
ROAD, PATNA
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8 20.6.2011 The present appeal has been filed against the order
dated 10.9.2009 passed by the learned Single Judge in C.W.J.C.
No.4511 of 2009, whereby a direction was given to absorb the
petitioner, respondent herein in one of the department of the State
Government on the ground that he was an employee of Siwan Co-
operative Spinning Mills Limited and as the said Spinning Mills
has became defunct and its other employees were absorbed in
other Government services, the petitioner, respondent herein is
also entitled for the same treatment.
The matter was contested very vehemently by the
appellant-department before the learned Single Judge. However,
the learned Single Judge having gone into the merits of the case
has not agreed with the contentions raised by the department that
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the petitioner, respondent herein is not entitled for absorption in
view of law laid down by the Apex Court in the case of ‘State of
Assam Vs. Barak Upatyaka D.U. Karmachari anstha’ reported
in (2009) 5 SCC 694. The learned Single Judge has further
directed the department to absorb the petitioner in the same
manner as other co-employees of the said Spinning Mills have
been absorbed within a period of one month from the date of
order. In the said order the learned Single Judge has also made it
clear that the Siwan Co-operative Spinning Mills shall be
responsible for compliance of orders passed by this Court.
Before us it has been contented by the learned counsel
appearing on behalf of the appellants that there is no policy
decision of the State Government to absorb an employee of the
defunct Spinning Mills. On the other hand, learned counsel
appearing on the petitioner, respondent herein has contended that
other employees of the said Spinning Mills have already been
absorbed in the different departments of the State Government and
as such the petitioner, respondent herein is also entitled for similar
treatment. There should not be any discrimination on the ground
that there is no any policy decision of the State Government to
absorb the petitioner in the different departments of the State
Government.
We had the occasion to go through the judgment of the
learned Single Judge. We are of the opinion that the judgment of
the learned Single judge is well considered judgment on the facts
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and law and warrants no interference at all.
Accordingly, this L.P.A. is dismissed.
( T. Meena Kumari, J.)
Abhay Kumar (Akhilesh Chandra, J.)