MD. TEJAMUL ANSARI @ TEJAMUL ANSARI Vs. STATE OF JHARKHAND AND OTHERS
LAWS(JHAR)-2016-1-238
HIGH COURT OF JHARKHAND
Decided on January 05,2016

Md. Tejamul Ansari @ Tejamul Ansari Appellant
VERSUS
State Of Jharkhand And Others Respondents

JUDGEMENT

Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties.
(2.) Issue involved herein is pending consideration before the Larger Bench of this Court in W.P.(S) No. 4110 of 2013 (Bhola Nath Hansda and others v. State of Jharkhand and others and analogous cases. The said batch of case were earlier referred to the Division Bench by this Court. The petitioner's salary has been stopped from November 2014 insisting that he should opt C.P.F. Scheme 2004 as has absorption in the Agricultural Department as surplus employee of the erstwhile Adult-cum-Non-Formal Education Project is treated as a fresh appointment. The absorption has been made pursuant to the resolution dated 30.05.2007 at Annexure-1, of the Department of Human Resource Development Department, Government of Jharkhand. The petitioner is presently posted in the office of the Sub-Divisional Agriculture Office, Sahibganj as a Farm Assistant.
(3.) Learned counsel for the petitioner has prayed for an interim order for payment of salary during the pendency of the writ petition in similar terms as was granted in W.P.(S) No. 5323 of 2013 vide order dated 21.03.2014 to such employees, who were also absorbed in Agriculture and other Department treating them as surplus employees of the erstwhile Adult-cum-Non-Formal Education Project. The petitioner is ready to abide by conditions laid down in the interim order dated 21.03.2014 and is ready to deposit the shares of C.P.F. deductions in lump sum along with interest as may be statutorily required or under the terms of the said Scheme, if the petitioner fails in the writ petition.;


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