Jharkhand High Court
Sunil Kumar Shukla vs State Of Jharkhand & Anr on 23 December, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 605 of 2020
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Sunil Kumar Shukla .... ... Petitioner
Versus
State of Jharkhand & Anr. ... Opp. Parties
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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner :Mr. Subodh Kumar Pandey, Advocate
For the Opp. Parties :Mr. Suraj Prakash, A.C to G.P II
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rd
Order No. 06/Dated 23 December, 2021
Reference may be made to order dated 9th
December, 2021, whereby and whereunder following order
was passed:
"Mr. Harsh Mangla, presently working as Director,
Secondary Education, Government of Jharkhand, has
appeared.
Show cause has been filed in pursuance of order dated
22.11.2021.
Learned counsel for the opposite parties has sought for
adjournment for today to apprise this Court about the
adaption of 1994 Rules which provides the minimum
qualification for Senior Pay Scale of Post-Graduation as also to
apprise this Court as to whether the aforesaid Rule has been
adapted by the State of Jharkhand and if yes, by which
notification.
Post this matter on 16th December, 2021.
Personal appearance of Mr. Harsh Mangla, presently
working as Director, Secondary Education, Government of
Jharkhand, is dispensed with for the present."
2. In terms of the aforesaid order, supplementary show
cause has been filed on 17.12.2021.
3. This Court has perused the supplementary show
cause but no order, having been issued by the competent
authority of the State Government or State Government
adapting 1994 Rules, basis upon which the claim of the
writ petitioner for Senior Pay-Scale was denied, has been
placed on record.
4. It is unfortunate that on 9th December, 2021, the
Director, Secondary Education, Government of Jharkhand
appeared in person and took adjournment to apprise this
Court about the adaption of 1994 Rules which provides the
minimum qualification for Senior Pay-Scale of Post
Graduation as also to apprise this Court as to whether the
aforesaid Rule has been adapted by the State of Jharkhand
and if yes, by which notification. But no such notification
has been produced, save and except, a judgment on record
which has been rendered after taking into consideration the
Section 85 of the Bihar Re-Organization Act, 2000.
5. Mr. Suraj Prakash, learned A.C. to G.P. II appearing
for the Opp. Parties referring to Section 85 of the Act, 2000
has submitted that in view of such provision there is no
requirement for the State of Jharkhand to adapt any Rule
which came into force prior to Bihar Re-Organization Act,
2000.
6. This Court in order to appreciate the submission
made by learned counsel for the Opp. Parties goes across
Section 85 of the Act, 2000.
For ready reference, Section 85 of the Bihar Re-
organization Act, 2000 is reproduced hereinbelow:
"85.Power to adapt laws: For the purpose of facilitating the
application in relation to the State of Bihar or Jharkhand of any
law made before the appointed day, the appropriate Government
may, before the expiration of two years from that day, by order,
make such adaptations and modifications of the law, whether by
way of repeal or amendment, as may be necessary or expedient,
and thereupon every such law shall have effect subject to the
adaptations and modifications so made until altered, repealed or
amended by a competent Legislature or other competent authority.
Explanation. In this section, the expression "appropriate
Government" means as respects any law relating to a matter
enumerated in the Union List, the Central Government, and as
respects any other law in its application to a State, the State
Government."
Thus, it is evident that under the provision of
Section 85 of the Act, 2000, power has been conferred upon
the State of Jharkhand to adapt or modify any rule which
was prevalent prior to coming into force of Act, 2000,
however, power to adapt or modify is by an order.
Therefore, power is there to the Successor State of
Jharkhand for adapting or modifying the rule prevalent
prior to 15.11.2000 and that power to be exercised by the
competent authority of State of Jharkhand by virtue of
passing an order.
7. In view thereof, show cause dated 17.12.2021,
according to our considered view of this Court, cannot be
said to be satisfactory and accordingly the same is rejected.
8. On 9th December, in presence of the Director,
Secondary Education time was granted to apprise this
Court about adaption of 1994 Rules, but no rule/circular
has been brought on record, rather reference of judgment
has been made dealing with Section 85 of the Act, 2000.
As such prima facie it appears that the order
passed by this Court has been deliberately flouted by the
concerned Opp. Party, which necessitated this Court to
pass order for personal appearance of concerned Opp.
Party.
9. However, on the prayer made by learned State
counsel one more opportunity is being granted to bring on
record the order passed by the State Government adapting
circular of the year 1994 by filing supplementary show
cause.
10. List this case on 13th January, 2022.
(Sujit Narayan Prasad, J.)
Alankar/-
