IMPORTANT POINT
The court established that the classification of employees as 'State Service' is crucial for entitlement to specific benefits, and judicial decisions must be applied with careful consideration of the factual context of each case.

JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No.3462 of 2018 in L.P.A. No.187 of 2018

1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 85 days in preferring the Letters Patent Appeal being L.P.A. No.187 of 2018.

2. Heard.

3. In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellants were prevented by sufficient cause in preferring the appeal within the period of limitation.

4. Accordingly, I.A.No.3462 of 2018 is allowed and delay of 85 days in preferring the appeal is condoned.

L.P.A. No.136 of 2022

With

L.P.A. No.187 of 2018

5. Both the appeals are having the common issues, however, the orders impugned have been passed by the two different Single Benches of this Court. Accordingly, both the appeals are being disposed of by this common order.

Prayer

6. The appeal being L.P.A. No.136 of 2022 is against the order dated 07.10.2021 passed by the learned Single Judge relying upon the judgment rendered by the learned Single Judge of this Court in W.P.(S) No.799 of 2009, in which, the judgment was pronounced on 19.12.2017. However, the issue being the same, hence, the coordinate Bench of this Court vide order dated 21.07.2023 has directed to list L.P.A. No.136 of 2022 arising out of W.P.(S) No.2721 of 2020 along with the records of L.P.A. No.187 of 2018, thereby, both the cases are being listed together, as such, both the appeals are being heard together and are being disposed of by this common order.

7. The appeal being L.P.A. No.187 of 2018 has been preferred against the order passed by the learned Single Judge of this Court in W.P.(S) No.799 of 2009 dated 19.12.2017 which has been allowed relying upon the judgment rendered by this Court in Anand & Ors. Vrs. The State of Jharkhand & Ors., reported in 2016 (4) JLJR 1.

8. The appeal being L.P.A. No.136 of 2022 is against the order/judgment dated 07.10.2021 passed by the learned Single Judge of this Court in W.P.(S) No.2721 of 2020, which has been allowed in terms of the order passed in W.P.(S) No.799 of 2009, which is the subject matter of the instant intra court appeals, as such, this Court is of the view that since the order has been passed by the learned Single Judge of this Court in W.P.(S) No.2721 of 2020 is based upon the order passed in W.P.(S) No.799 of 2009, which is the subject matter of the L.P.A. No.187 of 2018, hence, the intra court appeal being L.P.A. No.187 of 2018 will be heard first, since, the basis of passing the order by this Court in W.P.(S) No.2721 of 2020 is the order passed in W.P.(S) No.799 of 2009, which is the subject matter of the intra court appeal being L.P.A. No.187 of 2018.

Facts

9. The brief facts of the case, as per the pleading made in both the writ petitions, i.e., W.P.(S) No.2721 of 2020 & W.P.(S) No.799 of 2009 needs to be referred.

Factual Matrix of W.P.(S) No.2721 of 2020 (LPA No.136/2022)

10. It is the case of the writ petitioner that the petitioner is an Association of the cadre of Jharkhand Prosecution Service (Jharkhand Abhiyojan Sewa Sangh) in the state of Jharkhand and the President of the association, who is representing the Petitioners, is presently holding the post of Public Prosecutor, and members of the Jharkhand Prosecution Service. She joined her service as Assistant Public Prosecutor/Assistant Prosecution Officer on 06.01.1999 and is presently posted at Lohardaga.

11. The members of the Jharkhand Prosecution Service are doing their day-to-day work in the different courts of the state of Jharkhand. The Jharkhand Prosecution Service cadre came into existence after the final cadre division of Bihar Prosecution Service on 31.03.2005, vide letter No. 28/46/2004-S.R(S) dated 14.02.2005 by the Ministry of Personnel, Public Grievances and Pension, Government of India as per the provisions of the Bihar Reorganization Act, 2000.

12. In the unified State of Bihar, a separate cadre of prosecution was decl