Aparesh Kumar Singh, J. - (1.) WP (S) No. 6265 of 2010
(2.) LET the Secretary Finance Department, Government of Jharkhand be impleaded as party respondent in the present writ petition. The petitioners are permitted to make necessary correction in the main writ petition during course of the day. Heard counsel for the parties. The entire controversy in the present writ application preferred on behalf of the 37 petitioners, who have been absorbed in the Commercial Taxes Department by a notification dated 30.5.2007 is whether they should be entitled to continue in the General Provident Fund Scheme to which they were subscribers being office staff of Adult and Non Formal Department, which, however, stood closed in the year 2001.
(3.) LEARNED counsel for the petitioners submits that these petitioners were regularly working since 1980 against their respective posts and they were serving in different places in the State of Jharkhand as regular employees of the Department of Mass Education. After the bifurcation of the parent State of Bihar i.e. on 15.11.2000, the Government of Jharkhand closed the Department of Adult and Non Formal Education from 15.5.2001. These petitioners were getting the benefits of General Provident Fund on deductions from their salary on regular basis. After closure of the Department of Mass Education in May 2001 by the conscious decision of the State Government to abolish the same, such employees like the petitioners were absorbed in different department from time to time. These petitioners were absorbed in the Commercial Taxes Department vide letter dated 24.7.2007, which is Annexure -2 to the writ petition. The said absorption was, however, made on a condition that it should be treated as fresh appointment and they will not be entitled to claim seniority in the Department on the basis of previous service and also the benefit of pay protection.;