SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2014 Supreme(Jhk) 687

IN THE HIGH COURT OF JHARKHAND AT RANCHI
APARESH KUMAR SINGH, J.
Munni Jha - Petitioner
Versus
The State of Jharkhand & ors. - Respondents
W.P.(S) No.4258 of 2013
Decided On: 07.07.2014

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Purnendu Sharan
For the Respondents: Mr. Prabhat Singh, J.C. to Mr. Ajit Kumar, A.A.G

Headnote:(A) Service Law—Termination—Order of termination has attained finality upto Apex Court—Any attempt to reopen matter will be hit by bar of res judicata---Petition dismissed.

       (B) Code of Civil Procedure, 1908-Section 11—Meaning and object of bar of res judicata--It is in interest of republic that there should be finality to litigation.

ORDER

Heard counsel for the petitioner as well as learned counsel for the respondent- State.

2. The case of the petitioner is that he was appointed on the post of Chain Men by the Rehabilitation Officer, Kosi Project on 15.12.1981 vide Annexure-1 and his appointment was also approved by the department vide Annexure-2 dated 20.1.1982. However by office order dated 5.6.1998, the Director, Rehabilitation and Land Acquisition terminated the services of the petitioner treating it to be irregular appointment (Annexure-5). The said termination order was challenged in C.W.J.C. No. 6070 of 1998, which was allowed in his favour by quashing the order of termination of the petitioner and some other persons with a direction to the respondents to consider the matter for their regularization within stipulated period (Annexure-6, para 27(III) of the said judgment). However, an L.P.A preferred by the respondent- State of Bihar against the said judgment was allowed being L.P.A. No. 694 of 2000 (The State of Bihar Vrs. Baijnath Jha) vide judgment dated 29.1.2003(Annexure-7). The petitioner and others, thereafter preferred Civil Appeal Nos. 5682-5684 of 2004, which however were also dismissed vide Annexure-8 dated 11.7.2006 after considering the decision rendered in the case of State of Karnataka Vrs. Uma Devi & others by the Constitution Bench of the Apex Court reported in 2006(4) SCC 1. Petitioner, however again preferred a writ petition being W.P.S. No. 3517 of 2007 seeking a mandamus to direct the respondents to consider his case for regularization in terms of the para 44 of the Judgment rendered by the Constitution Bench of the Hon'ble Supreme Court in the case of Uma Devi & others(supra). In the said writ petition after taking into account all the previous unsuccessful challenges of the termination order by the petitioner, learned Single Bench of this Court dismissed the same having found that the matter has attained finality up to the Hon'ble Supreme Court. It was also observed that it will amount to re-opening of the case. However, by the said judgment dated 14.2.2008 after dismissing the writ petition it was also observed that it is open for the respondents to consider the representation of the petitioner. The petitioner is said to have represented pursuant to the little window of hope left for him even after the entire round of unsuccessful litigations. Though the said representation has been rejected on 6.9.2013 by the respondents- Water Resources Department, Government of Jharkhand (Annexure-A to the counter affidavit), but the same is not under challenge. Petitioner in the instant writ petition is once again seeking a command upon the respondents to regularize and reinstate him in the light of the judgment passed in the case of one Gopal Singh by this Court in reported in 2005(4) JLJR 614, which was said to have been affirmed up to the Hon'ble Supreme Court. He however also chosen to refer to the case of one Chitranjan Kumar Singh who although is said to have been terminated on 1.3.1997 from the post of Amin in similar manner to that of petitioner and had lost till the Apex Court like the petitioner earlier but had chosen to prefer another writ petition being W.P.S. 3524 of 2007 along with five others, which was however allowed directing the respondents to grant them similar relief like that of Gopal Singh. A perusal of the said judgment (Annexure-11/1), however indicate that the said writ petition was preferred challenging the order of termination dated 11.6.2007 and also consequentially seeking regularization on the said post. Petitioner has also enclosed the judgment rendered by the learned Single Bench of the Patna High Court in Civil Review No. 92 of 2012(Annexure-13) dated 7.3.2012 stating that even after the said persons lost till the Apex Court against the order of termination, pursuant to the liberty granted by the Hon'ble Supreme Court, they chose to prefer instant review petition in which directions have been passed to consi







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top