LAWS(JHAR)-2008-8-83

MOTILAL SAW Vs. STATE OF JHARKHAND

Decided On August 04, 2008
Motilal Saw Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) BOTH the appeals under Section 10 of the Letters Patent have arisen out of common order passed by the learned Single Judge in W.P.(S) No. 2850 of 2003, whereby and where -under, the writ petition of the petitioners/appellants (L.PA No. 96 of 2008) was disposed of with the direction to the respondents (appellants in L.P.A. No.124 of 2008) to consider the claims of the Writ petitioners for their regular appointment If any such vacancy existed at that time or towards future vacancy.

(2.) THE case of the writ petitioners was that they were initially engaged in the Patliputra Medical College Hospital, Dhanbad as daily rated employees on Class -IV posts. They continued to hold such engagement for a long time. It was stated inter alia that petitioner NO.1 was engaged on 18th July, 1989, petitioner NO.2 on 18th August, 1989 and petitioner no. 3 on 15th March, 1986.

(3.) AGAINST the said order, petitioners preferred C.W.J.C. No. 754 of 2000 Which was finally heard and disposed of on 19th June, 2002 by directing the respondents to release the arrears of pay to the petitioners with interest @ 10% per annum and further direction to take a decision on the representation of the petitioners .for their reinstatement When such direction could not be complied, they preferred Contempt Case (C) No. 798 of 2002 and their arrears of salary were paid to them during pendency of the contempt petition. Yet, the respondents passed the final order upholding their termination and rejecting the representation of the writ petitioners by order dated 29th January, 2003.