DAWLIN KUJUR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-8-38
HIGH COURT OF JHARKHAND
Decided on August 27,2008

Dawlin Kujur Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

R.R.PRASAD, J. - (1.) Having heard learned Counsel appearing for the parties, it does appear that the petitioner has claimed to have worked on the sanctioned and vacant post of Librarian -cum -Draftsman in the Bihar Plateau Development Project. Rural Engineering Organization, Works Division, Ranchi on daily wage basis from April, 2000 to December, 2002 but the payment to the extent of Rs. 44,244.96 was never made though on several occasion, the petitioner did represent the matter before the authority.
(2.) THE petitioner in order to substantiate his claim has annexed letter which of course is undated and unsigned of the Executive Engineer whereby request has been made from Rural Development Department, Government of Jharkhand for releasing the money so that payment be made to the petitioner. That apart, the petitioner has also annexed certificate issued by the then Chief Engineer, Rural Engineering Organization, Ranchi on 1.9.2000 wherein it has been certified that the petitioner has been working as Librarian in the office of the Superintending Engineer, Bihar Plateau Development Project (B.P.D.P.), Works Division, Ranchi but such claim seems to have been rejected by thz respondent No. 2 on the ground that post on which the petitioner has claimed to have been working is neither in existence at Chatra nor there has been any certificate showing the petitioner working at Chatra but the petitioner in his application has never claimed to have been working ever at Chatra, rather her claim has always been that she had worked at Ranchi circle till December, 2002. On similar line, statement has been made in the counter affidavit which has been sworn by Junior Engineer, Rural Engineering Organization, Works Division, Chatra. Subsequently, when State was asked to file supplementary affidavit, it was filed but again it has been sworn by Junior Engineering stating therein that the petitioner never worked after March, 2000 in the Rural Engineering Organization. Works Division, Chatra.
(3.) HOWEVER , said statement subsequently was corrected by stating that Chatra has wrongly been mentioned in paragraph 4 instead of Ranchi but from the facts and circumstances, it emerges that counter affidavit as also the supplementary counter affidavit has been filed without verifying the records at Ranchi as to whether petitioner did work till December, 2002 in Bihar Plateau Development Project, Rural Engineering Organization, Division Ranchi and therefore, it is desirable to have counter affidavit of respondent No. 5, Superintending Engineer, Bihar Plateau Development Project, Rural Engineering Organization, Works Division Kuchery Chowk, Ranchi who on verifying the record would file counter affidavit in this case within three weeks from today.;


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