- (1.) HEARD all the parties and with their consent this writ petition is being disposed off at the stage of admission. By order dated 12.12.2002 the Honble Patna High Court through its Registrar General (Respondent No. 12) was deleted on the agreement of the parties that the same is not a necessary party in view of the statements made in paragraph 26 of the Counter Affidavit filed by the Jharkhand High Court to the effect that it is in possession of all the materials required for adjudication of this case.
(2.) THE Petitioners (hereinafter referred to as the Direct Recruits) have filed this Writ Application for quashing the order dated 29.08.2002 (Annexure 7) issued by the Jharkhand High Court in its administrative side whereby and whereunder the Respondent Nos. 4 to 11 (hereinafter referred to as the Promotees) have been placed above the direct recruits in the seniority list. The main ground taken is that these direct recruits were declared senior by the Patna High Court after hearing both the sides by its order dated 04.09.1996 (Annexure 3) and ever since then, the Petitioners all along continued to rank senior to the promotees. They have further stated that the direct recruits were also promoted to the post of Additional District Judges by the Jharkhand High Court prior to the promotees. Their further case is that the promotee Respondent Nos. 4, 5, 8, 9 and 11 have already filed a Writ Petition at Patna bearing No. CWJC No. 11620 of 1996 where the disputes relating to inter se seniority between the direct recruits and the promotees in subjudice and whatever Judgment is passed by that Court would be binding even upon the Jharkhand High Court in terms of Section 34(4) of the Bihar Reorganisation Act, 2001 (hereinafter referred to as the Reorganisation Act). The direct recruits have further submitted that the Jharkhand High Court has taken the impugned decision on 29.08.2002 by Annexure 7 without approval of the Central Government which is a mandatory requirement in terms of the proviso appended to Section 73 of the Reorganisation Act and consequently the same cannot be sustained in Law. It also has the effect of prempting the Judgment that might be passed by the Patna High Court in the aforementioned Writ Application.
(3.) THE arguments to the effect that the matter is subjudice before another High Court shall not prempt this Court from hearing this matter. There is a specific statement made at paragraph 8 of the Counter Affidavit filed on behalf of the promotee Respondent Nos. 4 to 31 to the effect that they have filed application before the Patna High Court withdrawing themselves from the aforesaid Writ in view of the creation of a separate State of Jharkhand. Moreover, admittedly under the provisional cadre bifurcation, the direct recruits and the promotees have been allocated the State of Jharkhand and therefore, it cannot be deemed that the Patna High Court shall continue to retain its jurisdiction either on the administrative side or on the judicial side to entertain matters in relation to officers serving and working within the territory of Jharkhand specially after such allocation as a result of the coming into force of the Reorganisation Act. Additionally, even if no order has been passed on the aforesaid petition filed by the promotees withdrawing themselves from the aforesaid Writ Petition at Patna High Court or the same comes to be rejected by the said Honble Court, even then the Jharkhand High Court cannot be said to be stripped of its jurisdiction for the reasons stated herein. Moreover, at least the promotees have made their intentions clear of not pursuing the said Writ Petition on their behalf of Patna High Court. After coming into force of the Reorganisation Act and upon allocation of their services to this State, the Jharkhand High Court assumes all Constitutional and Legal powers with respect to Judicial Officers working under its supervision and control. This view further finds support upon a plain reading of Articles 233, 235 read with Article 214 of the Constitution of India. As per the provisions of Article 214, the High Court of Jharkhand has already been constituted by reason of Section 25 as a totally separate and independent High Court for the State of Jharkhand. In that view of the matter, the argument of the Writ Petitioner to the effect that this High Court cannot hear the matter does not appeal to us and it is accordingly not accepted.;