Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioner has prayed for implementation of the recommendation of 5th pay revision Committee in the State of Jharkhand in order to create promotional avenues for the cadre of Assistant Public Prosecutors (A.P.P.) and to create prosecution Manual for the cadre of A.P.Ps. as created by the State of Bihar. The petitioner has further prayed to notify the petitioner as Divisional Prosecution Officer w.e.f. the date of entitlement in view of his seniority as per the provision of section 72 of the Bihar Re-organization Act, 2000, and to adopt the "Bihar Prosecution Manual" in its original form or with required modification.
(2.) The factual aspects, as has been delineated in the writ application, in a nutshell is that the petitioner joined the Bihar Prosecution cadre on 01.09.1975 as an Assistant Public Prosecutor. After the bifurcation of the State of Bihar, the petitioner was allocated to the State of Jharkhand vide order dated 14.02.2005 issued by the Government of India and the petitioner joined the head quarters at Ranchi on 31.03.2005. It has been further averred that before joining the cadre of Jharkhand, the petitioner was posted in Bihar and during that period in the year 2003, the State of Bihar came out with a manual with a view to create promotional avenues for the cadre in pursuance to the recommendation of 5th pay revision i.e. "Bihar Prosecution Manual" in the light of Judgment passed by the Hon'ble Patna High Court in Sharda Nandan Sharma & Ors.Vs. State of Bihar & Ors. reported in, 1996 1 PLJR 75 Pat which was made effective from 07.04.2003. It has been further averred that before the aforesaid 2003 manual came into existence, a resolution dated 12.10.1998 was made effective for an interim arrangement till Govt. of Bihar came forward with the prosecution manual in the year 2003, in the light of the aforesaid judgment passed by the Hon'ble Patna High Court and the new nomenclature of the designations as per the resolution for the cadre of A.P.Ps. which was confirmed by the Prosecution Manual 2003, are as under :- (i) Assistant Prosecution Officer, (ii) Sub-Divisional Prosecution Officer, (iii) District Prosecution Officer, (iv) Divisional Prosecution Officer. It has been further averred that as per the aforesaid resolution, the petitioner had already been addressed as the Dist. Prosecution Officer in accordance with his seniority in the State of Bihar and however, one Ravindra Prasad Singh, junior to the petitioner notified as Divisional Prosecution Officer vide order dated 17.02.2003 and being aggrieved thereof, the petitioner, ventilating his grievance, preferred a representation before the respondent nos. 4 and 5 and also met the concerned Respondent on several occasions, but nothing emerged. Later on, the petitioner was informed that he had not been considered for promotion as because he was treated to be an officer of the State of Jharkhand and thereafter, the petitioner further represented before the respondent no. 2 on 15.06.2005, after joining to the cadre of the State of Jharkhand for the same grievances, which has fallen on the deaf ears of the respondents. The petitioner left with no other efficacious, alternative and speedy remedy has been constrained to approach this Court under Articles 226 of the Constitution of India for redressal of his grievances.
(3.) The petitioner in person (Braj Kishore Mishra) has submitted with vehemence that on the one hand, the Deptt. Of Law and Justice and also Home Department, Govt. of Jharkhand outrighly denies that they are not bound to adopt/follow the prosecution manual, 2003 of Bihar or other Notifications, Resolutions and orders of Bihar, but, in practice and reality they have been doing so till 2011, since there was no service manual for the prosecutor in the State of Jharkhand as will be evident from perusal of Annexures-11, 12 and 27-28.;