Arvind Vijay Bilung vs State of Jharkhand And Ors

This contempt application is against the order dated 26.11.2018 passed in W.P.(S) No.416 of 2015 whereby and whereunder, the following orders has been passed:

"Learned counsel for the petitioner in the backdrop of this admitted factual aspect has submitted that the petitioner has not discharged his duty from 20.05.2012 to 25.04.2013 and as such, in course of argument he has submitted that the petitioner is not claiming any errors of salary for the aforesaid period by virtue of the admitted factual aspect as he has not performed his duty for the aforesaid period. However, he further submits that the writ petition may be disposed of by directing the authority concern to consider his case in the light of the provision of the Rule 182 of the Jharkhand Service Code in order to avoid any future complication, which may arise after the superannuation of the petitioner.

Learned counsel appearing for the State-respondent has not objected to the such prayer of the petitioner, rather he, in all fairness, has submitted that the writ petition may be disposed of by giving liberty to the petitioner to approach before the competent authority on this issue and if permissible, the same can be looked into by the authority in accordance with law.

After considering the submission of the parties and without entering into the merits of the case, the writ petition is disposed of at this stage by giving liberty to the petitioner to file a fresh representation before the respondent no.3, the Principal Secretary Human Resource Department for the aforesaid grievance within a period of three weeks from the date of receipt of the order. The concerned authority shall take a decision in accordance with law within a period of six months from the date of such representation."

Show cause has been filed annexing the order by which the representation filed by the petitioner in terms of the order, passed by the writ Court which is subject matter of the present contempt application, dated 16.10.2019, issued by the Principal Secretary, School Education and Literacy Department, Jharkhand, Ranchi.

Learned counsel for the petitioner has submitted that in pursuance to the order passed by this Court, the representation filed by the petitioner has not been decided by the authority on the ground of lack of jurisdiction since according to the Principal Secretary, School Education and Literacy Department, the competent authority is the Principal Secretary, Planning cum Finance Department, Govt. of Jharkhand and as such, the matter has been referred before the Principal Secretary, Planning cum Finance Department along with the recommendation for taking final decision, but according to the petitioner as yet no decision has been taken.

Mr. Rishi Pallav, A.C to AAG has submitted that the case of the petitioner could not have been considered by the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand having no jurisdiction but the recommendation will be sent to the Principal Secretary, Planning cum Finance Department, Govt. of Jharkhand.

In view of such submission, learned counsel for the petitioner is allowed to implead Principal Secretary, Planning cum Finance Department, Govt. of Jharkhand as the opposite party no.3 by Monday i.e. 03.02.2020.

This Court after hearing learned counsel for the parties and taking into consideration the fact about the recommendation having been made by the Principal Secretary, School Education and Literacy Department which has been decided to be sent before the competent authority i.e. Principal Secretary, Planning cum Finance Department, Govt. of Jharkhand as would appear from the decision dated 16.10.2019, therefore, it would be just and proper to direct the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand to send recommendation along with the full facts as has been decided to be sent before the Principal Secretary, Planning cum Finance Department, Govt. of Jharkhand vide order dated 16.10.2019, if not already sent, within a period of three week from the date of receipt of copy of the order.

The Principal Secretary, Planning cum Finance Department, Govt. of Jharkhand, in turn, is directed to pass order within a period of two months from the date of recommendation of the order which would be sent by the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand.

Accordingly, the contempt application is disposed of.-