Jharkhand High Court
The Principal Secretary vs Dr. Jyotish Chandra Singh & Others on 17 April, 2021
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No.496 of 2019
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The Principal Secretary, Health and Family Welfare Department,
Govt. of Jharkhand having its office at Nepal House, P.O. & P.S.
Doranda, District - Ranchi, Jharkhand
... ... Appellant
Versus
Dr. Jyotish Chandra Singh & Others ... ... Respondents
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CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Appellant : Mr. Mukesh Kumar Sinha, Sr. S.C.-I
For the Respondents : Mr. Shray Mishra, Advocate
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ORAL JUDGMENT
Order No. 11 : Dated 17th April, 2021
With consent of the parties, hearing of the matter has been
done through video conferencing and there is no complaint
whatsoever regarding audio and visual quality.
The instant appeal has been preferred by the State of
Jharkhand against the order passed by learned Single Judge in
W.P.(S) No. 4071 of 2017 dated 08.08.2018 whereby and whereunder
the age of superannuation of the writ petitioner who is working in
AYUSH has been directed to be enhanced to 65 years.
We have passed an order on 19.03.2021 whereby and
whereunder after considering the decision of Cabinet about
enhancement of age of superannuation up to the age of 65 years, put
query upon the learned counsel for the appellant State that when the
Cabinet has taken a decision for enhancement of the age of
retirement, without any stipulation making the decision subject to
outcome of appeal, then under what authority the said decision has
been made subject to the result of the appeal whereas in the
resolution of the Health Department it stands reflected. Therefore,
we had directed to file an affidavit answering the issue.
The matter has been adjourned on the request made on behalf
of the learned counsel appearing for the State on several occasions.
On 26.03.2021 while allowing time, a cost of Rs.5,000/- for
wasting the Court's time has been directed to be paid. It has been
informed to this Court that the cost in pursuance to the direction
dated 26.03.2021 has been paid and affidavit has also been filed.
Mr. Mukesh Kumar Sinha, learned Sr. S.C.-I, appearing for the
appellant State has submitted by referring to the aforesaid affidavit
dated 17.04.2021 that the Department of Personnel had given their
opinion that the decision of the Cabinet contained in the resolution
dated 08.01.2021 shall be subject to the order to be passed in L.P.A.
No. 496 of 2019. Such stipulation has been made in the aforesaid
resolution dated 08.01.2021 on the basis of decision taken by the
Personnel, Administrative Reforms and Rajbhasha Department,
Government of Jharkhand by placing the record before the Cabinet
to insert the aforesaid condition in Cabinet decision.
We have considered the aforesaid stand of the appellant State of
Jharkhand as contained in affidavit dated 17.04.2021 but we are not
satisfied with such contention for the reason that as per the rules of
executive business, once a decision has been taken by the Cabinet,
whether the concerned department has got no authority to first add
something in the resolution and then place the file once again before
the Cabinet for inserting a condition which was available in the file
but the Cabinet has not considered it appropriate to insert the same
in its decision. Hence, the explanation furnished in the affidavit
having not found to be satisfactory, as such we hereby reject the
affidavit.
The appellant State is directed to file fresh affidavit referring
therein the jurisdiction of the concerned department that once before
approval of a decision by the Cabinet if any stipulation has been
made in the file by the concerned department and if it has not been
approved by the Cabinet, can the concerned department insert it and come up
with a notification/resolution showing it to be a decision of Cabinet
and then again send it before the Cabinet to insert the same.
If the concerned department is having such jurisdiction,
appellant State is directed to apprise this Court about such provision
of law either from the statute or from the rules of executive business
applicable for the State of Jharkhand.
Let this matter be listed on 04.05.2021.
(Dr. Ravi Ranjan, C.J.)
(Sujit Narayan Prasad, J.)
Birendra/
