RAM VINAY SHARMA AND ARUN KUMAR SHARMA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2001-2-46
HIGH COURT OF JHARKHAND
Decided on February 26,2001

Ram Vinay Sharma And Arun Kumar Sharma Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

S.N.MISHRA, J. - (1.) AFTER having heard the learned counsel for the parties and going through the materials on record, this writ application is being disposed of at the time of admission itself. In this writ application, prayer of the petitioners is for quashing the order dated 11.12.2000 passed by the respondent authority as well as the letter dated 8.1.2001 as contained in Annexure -6 and 6/A to this writ application whereby the services of the petitioners have been terminated. Learned counsel has challenged the order on the ground that while passing the impugned order the respondent authority has not initiated any proceeding and, as such, the order impugned vitiated in law. It is sub -milted that the petitioners have been appointed in the year 1988 and 1989 and since then they are working on their respective posts. The issue involved in this writ application is no longer res integra, the similar writ application filed by the other similarly situated employees was the subject matter of consideration of this Court in CWJC No. 6586 of 1998 which was disposed of on 11.1.2000, whereby the order of termination of the said writ petitioners were quashed. Being aggrieved by the order of the learned single Judge, the state filed the LPA which was also dismissed as it appears from the order contained in Annexure -9 to this writ application. Accordingly, for the same reason, the order contained in Annexure 6 and 6/A are hereby quashed. It goes without saying that the petitioners will be entitled for their salary and other allowances as admissible to such employees. However, it will be open for the respondent authority to pass fresh order in accordance with law without being prejudiced by the order of this Court. This writ application is, accordingly, allowed to the extent indicated above.
(2.) APPLICATION allowed;


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