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2018 Supreme(Jhk) 1272

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIRUDDHA BOSE, APARESH KUMAR SINGH, JJ.
Anil Kumar Sinha, Son of Sri Ram Lal - Appellant
Versus
The State of Jharkhand & Ors. - Respondents
L.P.A. No. 67 of 2018
Decided On : 19-12-2018

Advocates Appeared:
For the Appellants :Mr. Saurav Arun, Advocate.
For the Respondents:Mr. Prashant Kr. Singh, Advocate.

Headnote:Service Law – Absorption in State service – Memorandum of 29thJune, 2004 – Absorption in service jurisprudence is a formal process in an organisation – In case of appellant, no promise for absorption was held out in form of any official instrument – Except a formal instrument of absorption, for all practical purposes he was treated as a State Government employee only – Appellant given liberty to apply for absorption with retrospective effect. (Paras 10, 16 and 17)

JUDGMENT :

ANIRUDDHA BOSE, J.

1. The appellant has approached us with this appeal after his plea for direction on the State for clearing his monthly pension and payment of arrears of 50% of 6th Pay Revision Committee was rejected by the learned First Court. The learned First Court, however, quashed an order for recovery of a sum of Rs. 6,04,2018/- made against him. The appellant was originally appointed in the Bihar State Sugar Corporation Limited, Patna in the year 1977. He was posted at Katkamsandi, Hazaribagh in the post of clerk in the Department of Social Welfare, on deputation in the year 1997. In this proceeding, the appellant in substance wants his posting to be treated as confirmed service in the Government of Jharkhand. The appellant’s case before the Learned First Court was that his posting in the State Government’s Social Welfare Department was made after interview and on approval of the cabinet. The order of posting was issued by the Department of Welfare, a copy of which has been made as Annexure-1 to the writ petition, which forms part of the memorandum of appeal as well. The appellant was subsequently transferred to Hunterganj (Chatra). The posting, as it appears from this memorandum dated 21st March, 1997 bearing No. 251, was in World Bank sponsored I.C.D.S-II, Project Management Cell. The text of the relevant portion of his posting order along with its English version reads:-

^^dY;k.k foHkkx

fo'o cSad lEiksf"kr vkbZŒlhŒMhŒ,lŒ&11] ifj;kstuk ÁcU/ku

dks"kkax] bfUnjk Hkou ¼11&eafty½] jkepfj= flag iFk] iVuk&1

fnukad&21-3-1997

vkns'k

fcgkj ljdkj ds fofHkUu yksd miØeksa@fuxe@cksMZ@ik"kZn lg;ksx lfefr esa dk;Zjr fuEukafdr deZpkfj;ksa dks dY;k.k foHkkx ds v/khu fo'o cSad lEiksf"kr vkbZŒlhŒMhŒ,lŒ&11] ifj;kstuk ds oxZ&3 ,oa 4 ds fjDr in ij Áfrfu;qfDr ds vk/kkj ij muds uke ds lkeus vafdr in ,oa lesfdr cky fodkl ifj;kstuk@ftyk Áksxzke inkf/kdkjh dk;kZy;@jkT; Lrjh; ifj;kstuk Áca/ku dks"kkax esa vxys vkns'k rd fuEukafdr 'krksZ ds lkFk rRdkfyd ÁHkko ls inLFkkfir fd;k tkrk gSA

¼1½ lacaf/kr deZpkfj;ksa dks Áfrfu;qfDr HkRrk ns; ugha gksxkA

¼2½ Áfrfu;qDr dfeZ;ksa dks osrukfn mruk gh ns; gksxk ftruk fd lesfdr cky fodkl ;kstuk ds vUrxZr muds }kjk /kkfjr in ds fy, Lohd`r gSA Hkys gh os iSf=d laLFkk esa vf/kd ÁkIr djrs gksA ijUrq lesfdr cky fodkl lsok ;kstuk ds rgr okafNr in esa iSf=d laLFkk esa de osrueku esa gks rks mudks iSf=d laLFkk dk gh osrueku feysxkA

¼3½ vkjf{kr oxZ ds mEehnokj vius in ij ;ksxnku ds lkFk l{ke inkf/kdkjh }kjk fuxZr tkfr Áek.k&i= ÁdV djsaxsA fnukad 13-4-1997 vius inLFkkfir LFkku ij fuf'pr :i ls ;ksxnku dj ysa vU;Fkk Áfrfu;qfDr jn~n le>h tk;sxhA inLFkkfir LFkku ij ;ksxnku nsus gsrq fdlh Ádkj dk ;k=k&HkRrk ns; ugha gksxkA

¼4½ Vadd in ds dfeZdksa ls vko';drkuqlkj lgk;d dk dk;Z Hkh fy;k tk ldrk gSA

¼5½ vuqlsod in ds dfeZdksa ls vko';drkuqlkj jkf= Ágjh dk dk;Z fy;k tk ldrk gSA

¼6½ dk;Z larks"kÁn ugha ik;s tkus ij Áfrfu;qfDr lekIr dj nh tk;sxhA

¼7½ ;g Áfrfu;qfDr fdlh Hkh le; lekIr dh tk ldrh gSA**


“The following employees working in the different Public Sector Undertakings/ Corporations/Board/Council/Co-operative Society of the Government of Bihar are being posted against the vacant Class-III & IV posts of World Bank sponsored I.C.D.S-II Project and in the Integrated Child Development Project/office of the District Program Officer/State Level Project Management Cell under the Welfare Department on deputation basis on the post mentioned against their names with immediate effect with following conditions till further order.

(1) The deputation allowance shall not be admissible to the concerned employees.

(2) The salary etc. to the deputed employees shall be admissible as much at, it has been sanctioned for the post held by them under the Integrated Child Development Scheme notwithstanding, he was getting more in their parent organization. But, if he was working in lower pay scale in parental organization than that of the required post under the integrated Child Development Service Scheme, in such condition, he shall get the pay scale of







































































































































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