BENDIK TOPO Vs. STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, SECRETARY, DEPARTMENT OF AGRICULTURE, CO-OPERATIVE AND SUGARCANE DEPARTMENT, GOVERNMENT OF JHARKHAND, THE REGISTRAR
LAWS(JHAR)-2009-10-70
HIGH COURT OF JHARKHAND
Decided on October 05,2009

Bendik Topo Appellant
VERSUS
State Of Jharkhand Through The Chief Secretary, Secretary, Department Of agriculture, Co -operative And Sugarcane Department, Government Of Jharkhand, the Registrar, Respondents

JUDGEMENT

D.G.R.PATNAIK, J. - (1.) HEARD the counsel for the Petitioners and the counsel for the Respondents.
(2.) RELYING upon the Order dated 2nd July, 2003 passed in the earlier Writ Petition namely WS(S) No. 5849 of 2002 filed by one of their colleagues, namely, Muzaffar Alam, the Petitioners herein have field this Writ Petition praying for issuance of a direction to the Respondents to pay the Petitioners their salary which has been withheld for the past six years. From the facts stated, it appears that the Petitioners are employees of BISCOMAUN and their services were engaged in various branches of BISCOMAUN situated within the State of Jharkhand. After bifurcation of the State of Bihar, the Petitioners continued to remain in service in the same place of posting within the State of Jharkhand. The services of such employees in the state of Jharkhand, altogether 240 in number, had to be continued in order to maintain co - operative Societies and other branches of the BISCOMAUN in the State of Jharkhand.
(3.) IT appears that one of such employees namely Muzaffar Alam, who was a Salesman cum Accounts Clerk in one of the branches at Hazaribagh, had filed a Writ Petition before this Court praying for issuance of a direction to the State of Jharkhand to rehabilitate him under the services of the State of Jharkhand. The claim was advanced particularly on the ground that the State of Jharkhand had absorbed the services of one of the erstwhile employees of BISCOMAUN in the Governor's Secretariat and similar benefits ought to have been given to him also. It appears that upon considering the rival submissions, this Court had observed that the ground of posting one such employee in the Governor's Secretariat could be for various reasons and cannot necessarily be claimed as a ground for issuance of a direction to absorb the Writ Petitioner and the other employees of BISCOMAUN.;


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