- (1.) In the instant writ application, the petitioner has inter alia prayed for issuance of an appropriate writ/order/direction in the nature of mandamus directing upon the concerned respondent to implement and carry out their decision contained in Memo No.331(6) dated 9.10.2003 issued by the Deputy Secretary, Government of Jharkhand regarding re-appointment of 144 retrenched employee and to reinstate the petitioner with all back wages on the post of Non Medical Assistant since 1999.
(2.) Sans details, facts as disclosed in the writ application in a nutshell, is that the petitioner was appointed vide Memo No.609 dated 1.6.1987 on the post of Non Medical Assistant and was directed to join before the Respondent No.5 vide Annexure-1 to the writ application. Despite the order of appointment, when the petitioner was not allowed to join, the petitioner alongwith others filed writ application being C.W.J.C. No.937/1992 and the said writ application was withdrawn and the petitioner and others were allowed to join vide Memo No.730 dated 10.8.1992 vide Annexure-2 to the writ application. Thereafter, the petitioner joined on 12.8.1992 on the post of Non Medical Assistant before the Respondent No.5 at Modified Leprosy Control Unit, Latehar as evident from Annexure-3 to the writ application. Since the date of joining, the petitioner continued to discharge his duties to the satisfaction of his superior authorities till 1999. The Medical Officer In-Charge granted the certificate of services rendered by the petitioner for a period of 7 years vide letter no.60 dated 28.8.1999 and the petitioner has received his salary during the said period as evident from Annexure-6 to the writ application. It has been stated in the writ application that 144 Non Medical Assistant were retrenched by the department and in the reintrenchment list the name of petitioner finds place at Serial No.94 vide letter No.728(24) dated 2.4.2013 and the respondents have agreed to re-appoint 144 retrenched employees vide Memo No.331(6) dated 09.10.2003 as per Annexure-7 series. Some of the retrenched Non Medical Assistant filed C.W.J.C. No.3294/1999 wherein an order has been passed that the State of Jharkhand has decided to execute the decision taken vide Memo No.331(6) dated 9.10.2003 to re-appoint 144 retrenched employees under Leprosy Eradication Scheme whose names figures in any of the three lists and have worked for five years continuously in the State of Jharkhand and no benefits shall be given to any other persons who are not covered by the judgment of Hon'ble High Court. It has further been stated in the writ application that one Rabindra Kumar Singh filed a writ being W.P.(S) No.5165 of 2004 for direction on the respondents to implement and carry out the decision contained in Memo No.331(6) dated 9.10.2003 issued by the Deputy Secretary, Government of Jharkhand regarding reappointment of 144 retrenched employees. Respondent authority filed the counter-affidavit dealing with re-appointment of 144 retrenched employees on the basis of judgment passed in C.W.J.C. No.3294/1999 by the Hon'ble Patna High Court and the photo copy of the order dated 23.2.2005 passed in W.P.(S) No.5165/2004 has been annexed as Annexure-8 to the writ application. The petitioner personally met to the concerned respondent for redressal of his grievance and also has submitted his representation on 10.11.2012 before the respondent no.2 but no decision seems to have taken by the respondent.
(3.) Being aggrieved by, in-action of the respondents, and left with no other alternative, efficacious and speedy remedy the petitioner has invoked extra-ordinary jurisdiction under Article 226 of the constitution of India for redressal of his grievances.;