(Mariam Bando vs . The State Of Jharkhand & Ors. )
2021 Latest Caselaw 1991 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (S) No. 1594 of 2016
                   (Mariam Bando Vs. The State of Jharkhand & Ors. )
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                CORAM:        THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
                                 (Through: Video Conferencing)
                For the Petitioner        : Mr. Krishna Murari, Advocate
                For the Respondents       : Mr. Devesh Krishna, SC (Mines)-III
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11/ 22.06.2021        The order of removal from service is under challenge on the

ground that the petitioner is a regular employee of the Establishment and was getting salary in a regular pay-scale and other benefits as admissible to a regular employee

Learned counsel for the petitioner submits that after 27 years of service, the petitioner has been thrown out from the services without any rhyme and reason and as such, the impugned order is not tenable in the eyes of law. Mr. Murari draws the attention of the Court towards reported judgment of Hon'ble Apex Court in case of State of Jharkhand & Ors. Vs. Kamal Prasad & Ors., reported in (2014) 7 SCC 223 and in case of Sheo Narain Nagar & Ors. Vs. State of Uttar Pradesh & Anr., reported in (2018) 13 SCC 432.

Learned counsel for the respondent-State submits that the petitioner was appointed under a Scheme on purely temporary basis and her appointment was under Society Registration Act and now as the Scheme has come to an end, rightly petitioner was removed from service. Mr. Devesh Krishna further submits that similar issue fell for consideration before this Hon'ble Court and a Co-ordinate Bench of this Hon'ble Court vide order dated 14.09.2020 passed in W.P.(S) No. 3809 of 2014, remitted the matter back to the respondents for taking a conscious decision after giving proper opportunity to that petitioners in the light of the judgment passed by this Court in Anita Kumar and Ors. Vs. Union of India & Ors. (W.P.S. No. 4811 of 2010), but till date no decision has been taken by the respondents.

On the request of the learned counsel for the parties, put up this case after eight weeks.

(Dr. S.N. Pathak, J.) punit/-