Raghvendra Mishra vs The State Of Jharkhand & Others
2021 Latest Caselaw 3595 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     Cont. (Cvl.) No. 146 of 2021
            Raghvendra Mishra                                   ---   ---   Petitioner
                                                Versus
            The State of Jharkhand & others                     ---   ---  Opp. Parties
                                             with
                                     Cont. (Cvl.) No. 169 of 2021
            Raj Nath Singh & another                            ---   ---   Petitioners
                                                Versus
            The State of Jharkhand & others                     ---   ---  Opp. Parties
                                                  ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh

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For the Petitioner : Mr. Saurabh Shekhar, Advocate (Cont.(C) No.146/21) For the State : Mr. Mithilesh Singh, S.C.-IV

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For the Petitioner : Mr. Saurabh Shekhar, Advocate(Cont.(C)No.169/21) For the State : Mr. Sachin Kumar, A.A.G-II

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02/24.09.2021 Let Cont. (Cvl) No. 169 of 2021 be tagged along with the instant case as both the contempt petitions arise out of the same judgment of the writ court passed in W.P.(S) No. 4837 of 2009 and W.P.(S) No. 3310 of 2011.

Learned counsel for the petitioners submits that the order of termination of the petitioners was quashed by the writ court which was upheld in L.P.A. No. 327/2017 and L.P.A. No. 329 of 2017 and Special Leave to Appeal(Civil) Nos. 15702-15703/2020 preferred by the State was dismissed by Hon'ble Supreme Court vide judgment dated 18th January, 2021. In purported compliance of the order under offence, petitioners have been reinstated in service but the consequential benefits have not been granted from the date of termination. It is informed that out of three petitioners, two are still in service while one has superannuated during pendency of litigation.

Learned counsel for the opposite party submits that a reasoned order (Annexure-B & C to the show-cause) has been passed, whereby petitioners have been reinstated in service and have been granted the benefit of continuity in service from the date of termination. Admissible post-retirement benefits shall be released in favour of the petitioners. However, they seek time to deliberate over the matter as regards the claim of consequential benefits from the date of termination including back wages.

As prayed for by learned counsel for the parties, let the matter appear on 22nd October, 2021.

(Aparesh Kumar Singh, J) Jk/