Back
2013 Supreme(Jhk) 617
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, J.
Shyam Kishore & Ors. (in 1594),
Dr. Nawal Kishore Prasad (in 5329) - Petitioners
Versus
The State of Jharkhand & Ors. (in 1594),
The State of Jharkhand through Secretary-cum-Commissioner, Dept. of Health, Govt. of Jharkhand, Ranchi & Ors. (in 5329) - Respondents
W. P. (S) No. 1594 of 2003; 5329 of 2007
Decided on: 10.5.2013
For the Petitioners: M/s Saurav Arun, Prabhash Kumar
For the State of Jharkhand: Mr. Sunil Singh, J.C. to S.C. II
For the State of Bihar: Mr. S.P. Roy, G.A., Bihar
Headnote:Bihar Reorganisation Act, 200-Sections 25 and 27- order of termination of service passed by State of Bihar prior to creation of Jharkhand State would not create ’cause of action’ for maintaining a writ petition before Jharkhand High Court merely because the offices where the petitioners were posted now fall within Jharkhand State or because certain correspondence took place between officials of Government Department in Jharkhand or some decision was taken in internal official file by the State authority not to re-examine or review the order of termination (passed by the erstwhile State of Bihar) or merely because when a direction was sought on the authorities of State of Bihar, a direction was issued by the court in an earlier proceeding, to Jharkhand State also-not even a part of cause of action has arisen within the jurisdiction of the Jharkhand High Court-writ petitions held not maintainable, dismissed. (Paras 36, 37, 49, 51, 52 and 56)
(2004)6 SCC 254; (2001)2 SCC 294; (2004)6 : SCC 689 : 2004(3) JLJR (SC)38; (2001)9 SCC 432: 2001(2) JLJR (SC)819; 2002(3) JCR 195 : 2002(2) PLJR 742; 2003(3) JCR 8 : 2003(2) JLJR 775; 2001 (3) JCR 155 : 2002(1) JLJR 697; 2006(2) JCR 418; 2009(2) JLJR 750; 2002(2) PLJR 80; 2002(1). JLJR 491; 2006(2) JCR 419; WP(S) 5339/2004-Distinguished.
WP(S) 2903/2009; 2013(2) JLJR 324; CA 5338/2006; (2002)6 SCC 72; (1873)8 CP 107; (1888)22 QBD 128; ILR (1889)16 Cal. 98; (1977)1 SCC 791; (1984)2 SCC 646; (1985)3 SCC 217; (1994)4 SCC 711; (1999)4 SCC 656; (2002)1 SCC 567; (2004)9 SCC 786; (2007)11 SCC 335; (1996)3 SCC 443; (1993)4 SCC 1; (2012)11 SCC 164 : 2013(1) JLJR (SC)81-Referred to.
Shree Chandrashekhar, J : -- Both the writ petitions were listed for hearing and a common question of law, whether the High Court of Jharkhand has jurisdiction to entertain the writ petition, has arisen in both the cases therefore, with the consent of the parties, both the cases were taken up for hearing together and I propose to dispose of both the writ petitions by a common order.
Facts :
W.P. (S) No. 1594 of 2003
2. This writ petition has been filed by one Shyam Kishore and five other persons seeking quashing of Executive Order No.81 dated 30.05.1992 passed by the Health Commissioner and Secretary, Health Department, Government of Bihar, whereby the services of the petitioners were terminated. A further prayer seeking quashing of Executive order dated 30.03.2002 passed by the Respondent No. 2, the Health Commissioner (Cell)-cum-Secretary, Health Department, Government of Jharkhand, has been made by the petitioner. In the writ petition, Respondent Nos. 1 to 4 are the authorities of the State of Jharkhand and Respondent No. 5 is the Deputy Director Tuberculosis (T.B.), Health services, Bihar, Patna.
3. The brief facts as disclosed in the writ petition are that, in view of memo dated 25.03.1983, Government of Bihar constituted a Selection Committee to fill up the vacant sanctioned post in the Health Department and local advertisements were posted in front of the office notice board in different offices. The petitioners made applications and they appeared before Selection Committee. The petitioners were selected vide memo dated 23.01.1990 and they were appointed/adjusted against the sanctioned vacant post of male Family Planning Workers on temporary basis and they gave their joining at Primary Health Centre (P.H.C), Panki, Palamua. The services of the petitioners were confirmed however, when their salary was withheld on the ground that their initial appointment was illegal, they moved the Patna High Court in C.W.J.C. Nos. 1956/1990(R), 2024/1990(R), 1394/1990(R) and 2506/1990(R). The writ petitions were disposed of by order dated 05.09.1991 with a direction to the Secretary, Health Department, Government of Bihar to decide whether the appointment of the petitioners was legal or illegal, regular or irregular and a direction was also given for payment of their salary for the period they had actually worked. A show-cause notice dated 26.02.1992 was issued to the petitioners and by order dated 30.05.1992, the petitioners were terminated from service. The petitioners submitted their representations to the Health Directorate, Government of Bihar and several other representations to different authorities however, by Executive order dated 30.03.2002, a decision was taken not to review the decision taken by the Government of Bihar on 30.05.1992.
W.P. (S) No. 5329 of 2007
4. The petitioner has filed the present writ petition seeking quashing of letter dated 24.03.2005 issued by Under-Secretary, Department of Health, Government of Bihar and memo dated 16.01.2006 issued by the Secretary, Department of Health, Government of Bihar. A further prayer for a direction upon the respondents for fixing the pay of the petitioner in the revised pay scale with effect from 01.01.1996 till the date of superannuation of the petitioner i.e., 31.07.1999, has also been made.
5. The brief facts of the case are that, the petitioner joined the Bihar Health Services and was appointed on a Class-II post in the Bihar Health Service under the Government of Bihar with effect from 28.09.1966. He superannuated from service with effect from 31.07.1999 from the post of Medical Officer, Field Demonstration Centre, P.S.M. Department, Rajendra Medical College, Ranchi. He made a representation before the Secretary-cum-Commissioner, Department of Health, Bihar on 05.08.1999, for fixation of his pay in the payscale of Rs. 14,300 – 18,300/- with effect from 01.01.1996 and for arrears of salary. On 15.10.1999, a payslip was issued from the office of the Accountant General
