Lakshmi Narayan Prazapati and Others vs State of Jharkhand and Others

D.N. Patel

Counsel for the petitioners submitted that suffice it will be for disposal of this writ petition, if a direction is given to respondent no. 3, to treat this writ petition as a representation and decide the claims made in this writ petition in accordance with law, within stipulated time, as given by this Court.

I have heard counsel for the respondents, who has submitted that they have no much objection, if such a direction is given to respondent no. 3 to treat this writ petition as a representation and decide the claims made in this writ petition in accordance with law, within the stipulated time, as given by this Court.

In view of these submissions, I hereby, direct respondent no. 3 to treat this writ petition as a representation and decide the claims made in this petition in accordance with law, rules, regulations, polices and Government enforceable orders, applicable to the petitioner as expeditiously as possible and practicable, preferably within a period of twelve weeks, from the date of receipt of a copy of an order of this Court, after giving an adequate opportunity of being heard to the petitioners or to their representatives.

This direction is given keeping in mind that the case of the present petitioners is yet to be finally decided, as submitted by the counsel for the petitioners. Subsequent affidavit, filed by some Secretary to the Commissioner is absolutely vague. Infact, this Court wanted to impose a cost upon the State for filing an affidavit dated 26th March, 2010, but, as this Court is passing the aforesaid order for taking afresh decision, cost is not being imposed upon the State for filing affidavit of a Secretary to the Commissioner. In fact, Commissioner should have filed the affidavit because he is already a party respondent no. 3. Henceforth, all care will be taken in future that such type of Secretary to the Commissioner should not file an affidavit before this Court when the Commissioner himself is a party. There are several vague statements made in the affidavit, filed by the Secretary to the Commissioner, Food General Public Distribution and Consumer Affairs Department, Jharkhand, Ranchi.

If the decision is taken in favour of the petitioners for grant of notional date of promotion on the post of Marketing Officer, necessary consequential benefits will be given to the petitioners within a period of four weeks after the decision is taken. Petitioners are seeking notional date of promotion from the date on which his juniors have been promoted vide order at Annexure-4 to the memo of the present petition.

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