ASIM KUMAR DUTTA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2012-6-110
HIGH COURT OF JHARKHAND
Decided on June 15,2012

Asim Kumar Dutta Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) LAW secretary Mr. A.K. Gupta is present in Court with learned Advocate General.
(2.) LEARNED counsel for the State submitted that Finance Department has raised objection on 13.06.2012 with respect to the proposed rule as recommended by the High Court for insertion as Rule 8(A) below Rule 8 of Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules 2001. The rule was proposed by the High Court as back as on 16.01.2012 providing that in computation of the total period of service qualifying for pension and other benefits a period of ten years or actual practice of the Bar subject the condition that the weightage of practice at the Bar will be given only if the direct recruit actually works For minimum ten years in the service before retiring. Since 27.1.2012 time was sought on several occasions and by order dated 15.05.2012 this Court directed that if no decisions is taken by the Government on the proposed amendment of the rule the Law Secretary shall present in Court on 15th June, 2012 hence the Law Secretary is present in Court.
(3.) THE question is not that whether rule can be inserted or not. The question of importance is that whether the Government can sit over any matter and will not pass any order even if some amendment is proposed by the High Court.;


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