- (1.) The impugned order dated 21.8.2009 has been passed by the Government of Jharkhand canceling the pay slip of the petitioner. A copy of that order is annexed as Annexure-1 to this writ petition. That order does not contain any reasons. A counter affidavit has been filed mentioning that because the petitioner's appointment was illegal, hence he has been ordered to be repatriated or transferred to the State of Bihar by a unilateral decision of the Jharkhand Government and therefore, the continuance of the petitioner in the State of Jharkhand is contrary to law and consequently the petitioner is not entitled to the pay.
(2.) The counter affidavit was filed on 11.3.2010. Subsequently on 22.3.2010 certain persons, including the petitioner, filed W.P.S. No.1001 of 2010 in which they obtained an interim order staying the unilateral decision of the Government of Jharkhand to repatriate those persons, including the petitioner, to the State of Bihar. For ready reference the order dated 22.03.2010 is quoted herein below: "03/ 22.03.2010. Rejoinder may be filed within a month. Office will trace out the counter-affidavit of the State which has been filed today and place it on record. From the petitioner's side reliance has been placed upon a decision of this Court in the Case of Ram Swarath Prasad V/s. State of Jharkhand & Ors., 2002 1 JCR 106. The petitioners were appointed in 1987 in ad hoc capacity and since then they have been working. At the time of bifurcation of the State of Bihar, the petitioners were posted in the State of Jharkhand and as such they continued to work here. Now by the impugned decision which has been taken without an opportunity of hearing being given to the petitioners, the State of Jharkhand has unilaterally decided that the appointment of the petitioners were not valid and accordingly has directed that they should go back to the State of Bihar. According to the aforesaid decision of this Court, this power is not available unilaterally to the State Government of Jharkhand. Accordingly, no further action will be taken in pursuance to the repatriation order which is under challenge. However, it will be open to the proper authorities having such power to take a reasoned decision after issuing show-cause notices with regard to the validity of the appointment or with regard to the final allocation of the cadre in accordance with law."
(3.) In view of the interim order, the reason given in the counter affidavit looses its relevance.;