Aparesh Kumar Singh,J. - (1.) In these batch of writ petitions the common grievance of the petitioners can be summed up as follows:-
(2.) Petitioners herein, who were working under the Adult cum Non Formal Education Project in the erstwhile State of Bihar, were rendered surplus on closure of that project / scheme on 16.5.2001. Some of these petitioners or the original employees attained the age of superannuation thereafter, some of them died and some of them who had not reached the age of superannuation were absorbed by the Government of Jharkhand in different departments sometime in the year 2007 vide resolution dated 30.5.2007 issued by the Human Resources Development Department. In the notification of their absorption, there was a condition at clause 11 and 12 that the absorption of the surplus employees will be treated as fresh appointment and they will not get the benefit of seniority on the basis of their past service and also pay protection.
(3.) Incidentally, it is to be noted here in that petitioners herein were also claiming salary for the period after closure of the scheme in May 2001 till they were absorbed. That issue is no longer resintegra as the very question relating to the payment of arrears of salary in respect of such persons has now been settled by the judgment rendered by the Hon'ble Supreme Court in the case of State of Jharkhand & others v. Asgar Ali & others passed in Special Leave to Appeal (C) CC No.10361-10364 of 2014 dated 18.7.2014 . The State- Respondents are making payment of salary in phase in terms of the direction passed by the Hon'ble Supreme Court as stated on behalf of learned additional A.G appearing on behalf of the State.;