- (1.) In the aforesaid writ application, the petitioners have inter alia prayed for issuance of a writ/order/direction: (a) For a direction upon the respondents to absorb the services of the petitioners on the post since the date of deputation on which they are/were working in I.C.D.S. Project in the District of Garhwa under Department of Social Welfare, Govt. of Jharkhand, Ranchi. (b) For issuance of a writ of mandamus commanding upon the respondents to superannuate the petitioners from their service on completion of age of 60 years as applicable to other employees of Jharkhand Government. (c) For quashing the office order dated 31.12.2012 issued vide Memo no.75 by Child Development Project Officer, Bhandaria issued in the light of Memo no.576 dated 29.12.2012 of District Social Welfare Officer, Garhwa and Memo no.51 dated 08.01.2010 of Finance Department, Govt. of Jharkhand whereby the petitioner no.3 has been superannuated w.e.f. 30.11.2012 after completion of age of 58 years.
(2.) Sans details, the facts as delineated in the writ application in a nutshell is that in pursuance to selection made by the duly constituted selection committee by the Directorate of Social Welfare, Government of Bihar vide letter dated 10.01.1997 (as per Annexure-1 to the writ application), the petitioner nos.1 and 2 were appointed on 24.04.1997 and petitioner no.3 was appointed on 26.04.1997 in ICDS Project on deputation against vacant and sanctioned posts of Clerk in Nagar Untari, Bhavnathpur and Meral Block respectively under Garhwa district, as per annexure-2 to the writ application. After posting in the office of ICDS Project the petitioners continued to discharge their duties to the utmost satisfaction of authorities concerned and in the seniority list of clerk/typist of Palamu Division published by office of Deputy Director, Welfare, Palamu Division, Daltonganj, the names of the petitioners find place at Sl. No.15, 16 and 17 respectively, as evident from annexure-3 to the writ application. In pursuance to office order dated 16.11.2005 of Director, Social Welfare, petitioner no.1 was transferred from Nagar Untari to Bhavnathpur Project, petitioner no.2 was transferred from Bhavnathpur to Nagar Untari and petitioner no.3 was transferred from Piprakala Meral to Bhandaria Project. As per letter dated 29.02.2012 issued by Principal Secretary, Department of Finance, Government of Jharkhand, 61 Treasury Clerks, who were deputed from Corporations/Enterprises/Board were absorbed by the Govternment of Jharkhand, looking to the fact that rest of the Treasury employees were taken on deputation, whose services was under Bihar Government, were absorbed by Government of Bihar vide letter no.1737 dated 08.06.2006, as evident from annexure-5 to the writ petition. On perusal of list of Treasury Employees, whose services were absorbed by annexure-5, it would be apparent that some employees of Bihar State Construction Corporation Ltd. were also taken on deputation like the services of the petitioners. After coming to know of the absorption of similarly situated employees, the petitioners made representation to District Social Welfare Officer, Garhwa for their absorption. On receipt of the said representation, the District Social Welfare Officer, Garhwa vide memo dated 17.11.2012 sent letter to Director, Social Welfare, Jharkhand, Ranchi seeking clarification for absorption of petitioners, as evident from annexure- 6 to the writ application that other employees of Bihar State Construction Corporation Ltd. and other Corporations/Boards/Public Sector undertakings/Enterprises of State of Bihar whose services were also taken on deputation in ICDS Project in the erstwhile State of Bihar have preferred a writ petition being C.W.J.C. No.10016 of 2007 and the Hon'ble Single Judge of Patna High Court allowed the said writ application by directing the respondents to pass necessary orders for absorption of those petitioners looking to the orders passed in various letters patent appeals by the Hon'ble High Court, Patna and which was confirmed by the Hon'ble Apex Court. Against the order passed in C.W.J.C. No.10016 of 2007, State of Bihar preferred L.P.A. No.1831 of 2011 in the Hon'ble High Court of Patna which was dismissed by the Hon'ble Division Bench and the order of the Hon'ble Single Judge passed in C.W.J.C. No.10016 of 2007 was affirmed by the Hon'ble Apex Court. The petitioner no.3 was superannuated on 30.11.2012 on completion of 58 years though the age of superannuation of the employees of State of Jharkhand was 60 years. It has been submitted in the writ application that similarly situated employees in the State of Bihar who were appointed alongwith petitioners in the Bihar State Construction Corporation Ltd. have been absorbed by the State of Bihar and are enjoying the privilege of Government employees also in the case of age of superannuation and similarly situated employees appointed and working with the petitioners in the Bihar State Construction Corporation Ltd. whose services were taken on deputation in the Treasury Department have also been absorbed and they are enjoying the same privilege as State Government employees.
(3.) Left with no alternative, efficacious and speedy remedy, the petitioners have approached this Court invoking extraordinary jurisdiction under Article 226 of the Constitution of India for redressal of their grievance.;