Citation : 2021 Latest Caselaw 2953 Jhar
Judgement Date : 17 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1164 of 2021
Prince Kumar Sinha & Ors. ... Petitioners
Vs.
State of Jharkhand & Ors. ... Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK (Through: Video Conferencing) For the Petitioners : Mr. Ajit Kumar, Sr. Advocate Mr. Shresth Gautam, Advocate For the Respondents : Mr. Indranil Bhaduri, SC-IV
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04/ 17.08.2021 At the very outset, learned counsel for the respondent-State submits that as the Union of India, Ministry of Agriculture and Farmers' Welfare Rural Development and Panchayati Raj, Govt. of India is a necessary party, a direction may be given upon the petitioners to implead the same as party respondent No.22 in the array of the parties.
In view of fair submissions of learned counsel for the respondents, learned Sr. counsel for the petitioners is directed to implead Ministry of Agriculture and Farmers' Welfare Rural Development and Panchayati Raj, Govt. of India through Secretary as a party respondent No.22 in the array of parties, with red ink, within a period of one week.
Let the learned Sr. counsel for the petitioners serve two copies of writ petition to the learned counsel for the newly added respondent No.22.
The Deputy Commissioner of individual districts, where the petitioners are working, are directed to file their respective counter-affidavits, within a period of four weeks, if not filed as yet.
Learned Sr. counsel for the petitioners submits that the respondents are proceeding for making fresh appointment in place of the petitioners. He places heavy reliance on the judgment dated 21.01.2018 passed by this Court in case of Ritesh Ranjan & Anr. Vs. State of Jharkhand & Ors. (W.P.S. No.861 of 2011) and in case of Narinder Singh Ahuja & Ors. Vs. The Secretary, Ministry of Health and Family Welfare & Ors. ( W.P.C. No. 1741 of 2014) passed by the Hon'ble Delhi High Court, affirmed up to the Hon'ble Apex Court and submits that ad hoc employees cannot be replaced by another set of ad hoc employees.
Put up this case after six weeks.
Any appointment will be subject to outcome of this writ petition.
(Dr. S.N. Pathak, J.) punit/-
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