Manish Kumar & Anr vs The State Of Jharkhand & Ors
2021 Latest Caselaw 2029 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           W.P. (S) No. 4294 of 2019
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Manish Kumar & Anr. ... ... ... ...Petitioners

-Versus-

The 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. Anil Kumar Sinha, Sr. Advocate.

: Mr. Raunak Sahay, Advocate.

For the Respondents : Mr. Sharabhil Ahmed, A.C. to S.C. Mines.

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08/23.06.2021 The petitioners are aggrieved by the fixation of the cut-off date as 09.07.2004 for demerger of Senior Accounts Clerk and Junior Accounts Clerk which is Annexure-10 to the writ application.

Learned Sr. Counsel submits that the said fixation of cut-off date is illegal, arbitrary and against the provision of law which is not tenable.

Learned Sr. Counsel places heavy reliance on the judgment of the Hon'ble Apex Court in case of "D.S.Nakara & Ors. vrs. Union of India", reported in AIR 1983 SC

130.

Mr. Sharabhil Ahmed, representing the State opposes the contention of the learned Sr. Counsel and submits that once cut-off date has been fixed, the same cannot be challenged and altered as per the wish of the employees.

To buttress his argument, learned Counsel places heavy reliance on the judgment of the Hon'ble Apex Court passed in Civil Appeal No. 7230 of 2012 ("Himachal Road Transport Corporation & Anr. Vrs. Himachal Road Transport Corporation Retired Employees Union).

On the request of the parties, put up this case on 30.06.2021.

[Dr. S.N.Pathak,J] P.K.S.