Aparesh Kumar Singh,J. - (1.) Heard counsel for the petitioner, State of Jharkhand and State of Bihar.
(2.) The petitioner has preferred this writ petition seeking the benefits of ACP scheme applicable under the Government of Jharkhand as also the arrears of salary for the period from 8.5.1981 to 12.12.1985. Though, the State of Jharkhand has filed counter affidavit but despite twice time granted earlier, no counter affidavit has been filed on behalf of the State of Bihar even after lapse of more than 4 years. Therefore, the case is being heard and decided on the available materials on record.
(3.) The little background history of this case needs to be noticed in order to appreciate the controversy raised in the writ petition. The petitioner was initially appointed in Bihar State Dairy Co-operative Ltd. on 3.10.1980 and was terminated on 8.5.1981 along with other persons. The aggrieved persons including the petitioner preferred writ petitions being C.W.J.C. Nos.2222, 2508, 2509 of 1981 and 1067 of 1982 before the Patna High Court. In the judgment passed in the said writ petitions dated 12.4.1984, which is annexed as Annexure-1, the termination of services of petitioner and others were quashed. At para 19 of the said judgment it was categorically observed:- "It goes without saying that all the consequential benefits arising out of the quashing of the order of termination of the services of the petitioners shall, as a matter of necessary corollary, follows". The State went in appeal before the Hon'ble Supreme Court of India in Special Leave to Appeal, which however were dismissed on 11.3.1985. The petitioner along with others were reinstated on 17.12.1985 in the Bihar State Dairy Co-operative Ltd. as per Annexure-3. The Bihar State Dairy Co-operative Ltd. however was abolished and vide Annexure-4 dated 21.8.1986, the services of the persons working in the Co-operative including the petitioners were absorbed as Laboratory Assistant in the Central Design Organization, Road Construction Department, Government of Bihar in the prescribed scale of pay of Rs. 350-425. The said office order referred to the letter of the Chief Secretary under which such absorption was made. The said office order indicated that their seniority would be reckoned from the date of joining of their services in the said organization. Thereafter, petitioner has been granted 1st time bound promotion w.e.f. 3.10.1990 by the order of the Chief Engineer, Central Design Organisation vide letter no. 911 dated 12.12.1998 and letter no 912 of the same date, which was also approved by the Finance Department. The said fact is evident from letter no. 2309 dated 12.12.2007 (Annexure-7) issued by the Executive Engineer of the Road Construction Division, Deoghar.;