- (1.) THIS application for review has been preferred by the petitioners, who are original respondents in the writ petition, against the order dated 4th January, 2010 passed by this Court while finally disposing of the writ petition being W.P. (S) No.729 of 2004.
(2.) COUNSEL for the applicants herein has submitted that the original petitioners (opposite parties herein) are not entitled to the salary for the period running from 16th May, 2001 to January, 2008, mainly on the ground that initially the original petitioners were employed under the scheme flouted by the Central Government under Non -formal Education Scheme. They were engaged in the year 197980 and they continued as such for approximately two decades. The scheme of the Central Government came to an end in the year 2001. It is also submitted by the applicants (State of Jharkhand) that the State Government had taken a policy decision in the year 2002 to absorb these employees, who were working under the scheme flouted by the Central Government and as many as 700 employees were absorbed. The original petitioners were also absorbed in the year 2008. The writ petitioners preferred the writ petition for getting backwages for the years 2001 onwards and for their absorption, but, during the pendency of the writ petition being W.P. (S) No.729 of 2004, they were absorbed in the Government service in the year 2008. It is submitted by the counsel for the applicants herein that in fact, petitioners have not worked for the intervening period and therefore, they were not entitled for the salary and that was a condition of the Government policy flouted in the year 2007. In view of this submission, it is submitted by the counsel for the applicants State that the order passed by this Court is erroneous and hence, it requires to be modified. Counsel for the respondents (original writ petitioners) submitted that the very limited scope of review of the order passed by this Court has not been appreciated in the Division Bench of this Court in Letters Patent Appeal preferred by the State of Jharkhand against the order passed by this Court. Moreover, the original writ petitioners are not only those who have preferred such writ petitions for arrears of salary, but, other like persons have also filed such type of writ petitions. Counsel for the respondents (original writ petitioners) has stated that similar order was passed in W.P. (S) No.4751 of 2003 on 21st November, 2003 in favour of the petitioners of that writ petition. Case of the present respondents (original writ petitioners) is also similar to them. Those petitioners were also absorbed and the direction was given to make payment of arrears of salary for the period running from 2001 to 2008 or till the date of their absorption. Against that order passed in W.P. (S) No.4751 of 2003, Letters Patent Appeal being L.P.A. No.515 of 2010 was preferred by the State which was dismissed by the Division Bench of this Court vide order dated 27th April, 2005. Against such dismissal order of the Division Bench, the State of Jharkhand preferred S.L.P. being C.C. No.8793 of 2005 before the Hon'ble Supreme Court. This Hon'ble Apex Court condoned the delay in filing the S.L.P. and dismissed the S.L.P. vide order dated 30th September, 2005. Thus, the order dated 21.11.2003 passed in W.P. (S) No.4751 of 2003 passed by this Court attained its finality.
(3.) COUNSEL for the respondents (original writ petitioners) further submitted that similarly situated some other persons had also filed another writ petition being W.P. (S) No.2774 of 2004 for getting absorbed in the Government service and for getting arrears of salary for the period running from 2001 to till their absorption. This writ petition was also allowed by this Court vide order dated 26th March, 2010. Against this order, L.P.A. No.435 of 2010 was preferred by the State Government which was dismissed by the Division Bench of this Court vide order dated 28th March, 2011. Against such dismissal of the L.P.A., the State Government preferred S.L.P. being C.C. No.19981 of 2011 before the Hon'ble Apex Court. In that S.L.P., delay was condoned and S.L.P. was dismissed vide order dated 16th December, 2012. Hence, the order passed by this Court dated 26th March, 2010 in W.P. (S) No.2774 of 2004 attained its finality. The case of the present respondents (Original petitioners) are absolutely similar with those of the writ petition being W.P. (S) No.2774 of 2004 and, therefore also, no error has been committed by the learned Single Judge while passing the order dated 4th January, 2010 in W.P. (S) No.729 of 2004. Moreover, apart from the earlier two decisions, the reasons given in the impugned order by the learned Single Judge are the reasons in consonance with the facts and law and, therefore, the review petition may not be entertained by this Court.;