- (1.) HEARD learned counsel for the parties. These petitioners have approached this Court on the threat of being terminated in view of the communication contained in Memo No. 2106 dated 19th July, 2004 (Annexure -12) issued by the Deputy Secretary, Forest and Environment Department, Government of Bihar, Patna and communicated to the Commissioner -cum -Secretary, Environment and Forest Department, Government of Jharkhand as also the Principal Chief Conservator of Forest, Environment and Forest Department Government of Jharkhand, Ranchi. Thereafter under the signature of Deputy Secretary, Forest & Environment Department, Government of Jharkhand (Annexure -13) dated 29th July, 2005, has been issued asking the petitioners to show cause as to why their services be not terminated, which is also impugned. It is contended by the petitioners that on the basis of the same Memo dated 19th July, 2004 (Annexure -12) persons similarly situated like the petitioners and allocated to the State of Bihar, Forest and Environment Department, being affected by the said memo approached the Patna High Court in CWJC No. 8983 of 2004 (Annexure -15) and vide judgment dated 1st of August, 2005 the said memo was quashed in respect of said persons. It is submitted that thereafter the judgment has attained finality and no Letters Patent Appeal has been preferred thereafter.
(2.) LEARNED counsel for the petitioners submits that based upon the said memo dated 19th July, 2004 itself, the impugned show cause notice dated 29th July,2005 has been issued upon present petitioners asking them to show cause as to why their services be not terminated. In the aforesaid background, vide order dated 27th November, 2012, after recording the aforesaid facts it was observed that a categorical reply be filed by the Secretary, Environment and Forest Department, Government of Jharkhand. Ranchi. After few adjournments an affidavit has thereafter again been filed on behalf of the respondent no.2 though sworn by under Secretary of the Department. However, the specific query made by this Court has not been answered. The respective details of each of the petitioners have been indicated. It is indicated in the last affidavit filed on 31st January,2003, that the petitioner no.1 was engaged on daily wages from 24th November, 1983. He was thereafter appointed on temporary basis as an Assistant Clerk in the pay scale of Rs. 580 -860 by the Conservator of Forest, State Training Circle, Gaya vide office order dated 24th September, 1985 and his services have been confirmed w.e.f. 1st July, 1989 vide office order dated 27th July, 1989 by the Conservator of Forest, State Trading Circle, Gaya and thereafter he is now posted as an Assistant Clerk in the office of Divisional Forest Officer, State Trading Division, Koderma, Jharkhand.
(3.) THE petitioner no. 2 was engaged on daily wages from 14th November, 1983. Subsequently he was appointed on temporary basis as an Assistant Clerk in the same pay scale by the order dated 24th September,1985, issued by the same authority and his services have been confirmed on w.e. f. 24th September, 1987 by order of the Conservator of Forests Development Circle, Ranchi dated 17th April, 1990.;