- (1.) BY this application the petitioner Jharkhand State Khadi and Village Industries Board seeks review of the judgment and order dated 15.5.2006 passed in WP(S) No. 4147/2005, whereby a Bench of this Court directed this petitioner Jharkhand State Khadi and Village Industries Board (in short the Jharkhand Board) to pay the retiral dues to the writ petitioner, who retired on 31.3.2003 on the ground that Jharkhand Board was not impleaded as party in the writ petition and that Jharkhand Board was constituted vide Notification dated 17.12.2004. The petitioner therefore contended that the liability for payment of retiral dues was upon the State of Bihar Khadi Gram Udyog Board (in short the Bihar Board) as the petitioner retired on 31.3.2003 much before the constitution of the Jharkhand Board.
(2.) FROM perusal of writ petition, it appears that the writ petitioner filed the writ petition impleading the State of Jharkhand, the District Khadi Gram Udyog Officer, District Office, Bihar Khadi Gram Udyog Board, Hazaribagh, the State of Bihar, the Chairman and Chief Executive Officer of Bihar State Khadi Gram Udyog Board. The writ petition was taken up for admission on 2.9.2005 and both the State of Bihar as well as the State of Jharkhand were directed to seek instruction in the matter. No counter affidavit was filed on behalf of the State of Jharkhand. However, a counter affidavit was filed on behalf of Bihar Board. In the said affidavit it was stated that after completion of 58 years of age the writ petitioner was superannuated on 31.12.2003 from the post of Production Assistant from Hazaribagh. It is stated that after Jharkhand State came into existence, the Jharkhand Board was constituted vide Notification dated 31.3.2003 and the Executive Officer was appointed, Vide Notification dated 19.7.2003. It was further stated in the counter affidavit that the assets and liabilities of the Bihar Board and newly constituted Jharkhand Board have been divided vide order of the Government of India dated 13.9.2004 and subsequently the Jharkhand State also issued an order vide Memo dated 3.1.2005. The respondent -f3ihar Board further stated that the employees, who have been working in the Jharkhand State, have directly come under the control of Jharkhand Board. From the counter affidavit filed by the State of Bihar, it is stated that a Division Bench of the Patna High Court In CWJC No. 12124/93 and LPA No. 383/2000 held that State of Bihar is liable to release the fund for payment of employees of the Bihar Board.
(3.) THE Jharkhand Board was constituted vide Notification dated 31.3.2003 but the assets and liabilities of the two Boards were divided between two States vide Government of India (Home Ministry) Order No. 12025/19/2004 -SR dated 13.9.2004: However, since no counter affidavit was filed from the side of State of Jharkhand or by the Jharkhand Board, the Court directed the State of Jharkhand and also the Jharkhand Board to release the retiral benefits to the petitioner. ;