Johan Oraon vs The State of Jharkhand and Others

D.N. Patel

Before learned counsel for the petitioner argues out the case in detail, it is fairly submitted by learned counsel for the respondent State that all the legally payable amount shall be paid to the petitioner within a period of four weeks.

Moreover, learned counsel for the respondent State submitted that the officer, namely, Sri Arbind Kumar, S/o Late Jagdish Thakur, Deputy Secretary, Home Department, State of Jharkhand, Ranchi is present in the Court and upon his instruction, it is submitted that minimum two Nodal Officers shall be appointed with all necessary equipments like FAX and mobile phone to assist all the Government counsels so that if any Government counsel is in need of any details from the Government officers, these Nodal Officers will convey the same by FAX message as well as by telephonic message to the Government officers, who will contact the counsel of the State, who is appearing in the matter. This will facilitate both the State authorities as well as the High Court and without wasting any further time the matter can be disposed of.

Relevant para II (a) of the State Litigation Policy reads as under:

There shall be a Nodal Agency at the level of the High Court consisting of a high ranking officer having background of law and sufficient experience of attending court matters, assisted by sufficient number of Assistants being law graduates.

In earlier writ petition being W.P. (S) No. 2906 of 2010 vide order dated 31st July, 2010, this Court has observed in paragraph 5 that:

...It is expected from the Chief Secretary of the State to constitute a nodal agency constituting one high ranking officer having background of law and having sufficient experience of attending Court matters and at least four Assistants, who may be fresh law graduates. Such nodal agency, which is appointed at Jharkhand High Court, Ranchi, will get all the copies of the petitions or such other applications in civil and criminal matters and the same will be conveyed by the nodal agency to the concerned secretary or high ranking officer (including police officers, in criminal matters) of the State, so that within least possible time, counter affidavits may be filed or at least, where no affidavit is required to be filed, 2necessary detailed instructions may be given to the Government Pleaders.... I therefore request the Chief Secretary of the State to peruse persuasively The National Litigation Policy published by the Central Government, which may be adopted by the State Government, so that the Government Pleaders may not seek time for filing counter affidavits, copy of which has been handed over to Advocate General of the State by this Court. This type of prompt approach could have been achieved by the State Government by adopting a National Litigation Policy by appointment of the nodal agency with sufficient staff and with proper equipments, like telephones, fax machines, mobiles etc. This is a bare minimum requirement for nodal agency be given and supplied so that nodal agency, appointed at the High Court, so as to work effectively and efficiently. In the facts of the present case though the letter has been written to the concerned secretary, there is no reply as stated by the Government Pleader and, hence, even after several months, after receiving copy of the petition, today the Government Pleader is seeking time for filing counter affidavit, which is granted by this Court, with all reluctants.

The Court appreciates the stand taken by Sri Arbind Kumar, Deputy Secretary and it is expected that immediately minimum two Nodal Officers will be appointed at least with FAX machines and mobiles. The Court is also taking note of the fact that in past also, the Secretary of Home Department has assisted the Advocate General''s office in appointing few persons with necessary FAX message machines. These two Nodal Officers will be very useful for early disposal of the litigations in the High Court.

Learned counsel for the respondent State submitted that now the State of Jharkhand has also adopted the National Litigation Policy in its letter and spirit.

In view of the aforesaid submission made by learned counsel for the respondent State, I hereby direct the respondent authorities to make the payment on the basis of the revision in the pay scale to the petitioner within a period of four weeks from the date of receipt of a copy of the order of this Court.

This writ petition is disposed of, in view of the aforesaid directions and observations.