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2003 Supreme(Jhk) 1120

Jharkhand High Court
S.J.Mukhopadhaya, J.
Raj Nandan Prasad - Appellant
Versus
State Of Jharkhand - Respondent
WP(S) No. 214 Of 2003
Decided On : 10 September, 2003

Headnote:Legal services Authorities Act, 1987 – Section 8 A r/w Section 85 of Bihar Re-organisation Act, 2000 – there being no provision in the Bihar – Re-organisation Act, 2000 in respect of employees and staff of a legal Services Committee of High court respondents are liable to pay salary to such employees who were in the service of the legal service committee of Ranchi Bench of Patna High Court and are still continuing – Direction also given for retention /absorption – petition allowed. (Paras 10 to 13)

JUDGMENT

S.J. Mukhopadhaya, J.

1. The writ petition has been preferred by petitioner for issuance of an appropriate writ(s), direction(s) or order(s) commanding upon the respondents, particularly, 1st and 2nd respondents to forthwith regularize his service along with all consequential benefits w.e.f. 24th May, 1983/11th August, 1983 on the post of Peon i.e., the date he was initially appointed in the Legal Aid Committee and to direct the respondents to release salary in his favour due since February, 2002.

2. The case of the petitioner is that he was appointed as a Peon by the Government of Bihar for Ranchi Bench of the Patna High Court Legal Services Committee by office order No. LA 1068/82/7/LA dated 10th August, 1983 and since then he is working as a Peon.

Initially, the Legal Aid Committee was constituted under the Bihar State Weaker Section Legal Aid Act, 1983 (for short Act, 1983), to extend free Legal Aid to the weaker section of the Society and to save them from being deprive of the 6pportunity of getting justice owing to their economic, social and other inequalities.

Subsequently, the Central Government with a view to provide free and competent legal services to the weaker section of the society and to organize Lok Adalats and to promote legal system of justice came out with an Act, known as "Legal Services Authorities Act, 1987" (Act 39 of 1987) (for short Act, 1987), published in the extra ordinary Gazette of India on 4th October, 1987.

Under Section 6 of the Act, 1987, the State Governments were to constitute a body known as "State Legal Services Authority" (for short State Authority) which is empowered under Section 8A of Act, 1987 to constitute a Committee for their respective High Courts, known as "The High Court Legal Services Committee".

A Legal Services Committees was constituted for the main seat of Patna High Court, Patna and another, Legal Services Committee was constituted for the Ranchi Bench of the Patna High Court by the "Bihar State Legal Services Authorities". By Notification No. 3703 dated 10th September, 1998 apart from Executive Chairman, Members of the Patna High Court Legal Services Committee were appointed. Honble Mr. Justice A.K. Ganguly (as he then was) was appointed as the Executive Chairman for the Patna High Court Legal Services Committee.

By separate Notification No. 14, dated 12th January, 1999 a unit of the Legal Services Committee was constituted for the Ranchi Bench of the Patna High Court as evident from the notification :--

"Bihar State Legal Services Authority

Budh Marg, In front of Patna Museum,

Patna-800001

NOTIFICATION

No. Pra-Vividh-13/98.--In exercise of the powers concerned Under Section 29A of the Legal Services Authorities Act, 1987 (Act No. 39 of 1987), as received by the Legal Services Authorities (Amendment) Act 1994 (Act No. 59 of 1994) and under Rules 4 and 5 of the Bihar State Legal Services Authority Regulation, 1998 the following persons are appointed as Members of the Patna High Court Legal Services Committee, Ranchi Bench at Ranchi :--

1. Honble Justice G.S. Choubey Vice-Executive Chairman 2.

Shri Ghanshyam Prasad, Registrar, Ranchi Bench of the Patna High Court Secretary

(a)

Dr. Indu Dhan, Retd. Vice-Ohancellor Social Worker, Railway Colony, Ranchi

Member

(b)

Shri R.R. Prasad, Retd. IAS in the field of Public Adrhinistra-tion, "Punam" 456-D, Mandir Marg, Ashok Nagar, Ranchi

Member

(c)

Shri N.N.Tiwary, Advocate, Interested in the legal Services Scheme, High Court Ranchi Bench, Ranchi

Member

The terms of the office of the members of the High Court Legal Services Committee, Ranchi Bench will be Guided by Rule 6 of the Bihar State Legal Services Authority Regulation, 1998. Sd/- (B.K. Thakur) Member Secretary Memo No.14 Patna dated 12.1.1999 Copy forwarded to the Registrar (Admn.) High Court Patna/Registrar Ranchi Bench of High Court, Patna at Ranchi/Persons concerned/Patna High Court Legal Services Committee, Ranchi Bench, Ranchi/Secretary, Law Department, Bihar, Patna for information and ne





























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