Manoj Kumar Madhukar vs The State Government Of Jharkhand ...
2022 Latest Caselaw 1735 Jhar

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          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         W. P. (S) No. 244 of 2014

         Manoj Kumar Madhukar                  ...    ...   Petitioner
                             Versus
         The State Government of Jharkhand & Others
                                          ...      ...    Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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12/02.05.2022

1. This matter was posted for judgment today i.e., 02.05.2022.

2. The learned counsel for the respondents after the last order in this case had mentioned this case and had submitted that W.P. (S) No. 5875/2011, which is also posted today, is similar matter and he wanted to place certain judgments before this Court for appreciation of the real issues involved in this case.

3. Today, the learned counsel for the respondent state Mr. Sreenu Garapati along with A.C. to A.G.-I to Mr. Rohit and Mr. Manav Poddar , Advocate are present and they have placed the following judgments for consideration by this Court: -

(i) (1194) 1 SCC 126 (State of Bihar and Others Vs. Secretariat Assistant Successful Examinees Union 1986 and Others)

(ii) 1998 SCC Online Pat 183 (Secretariat Assistant Successful Examinees Union and Others Vs. State of Bihar and Others)

(iii) (2010) 1 SCC 756 (Edulkanti Kistamma (Dead) through Lrs. Vs. S. Venkatareddy (dead) through LRS

(iv) 2011 (2) ALJ 659 (Pawan Pratap Singh & Ors. vs. Reevan Singh & Ors.

(v) (2019) 16 SCC 28 (Ganga Vishan Gujrati & Others vs. State of Rajasthan and Others

(vi) (2020) 5 SCC 689 ( K. Meghachandra Singh & Others vs. Ningam Siro & Others)

(vii) (2013) 8 SCC 693 (P. Sudhakar Rao and Others vs. U. Govinda Rao and Others

(viii) AIR 1986 SC 2086 (K. R. Mudgal & Ors. vs. R.P. Singh & Ors.)

(ix) (2010) 12 SCC 471 (Shiba Shankar Mohapatra & Others vs. State of Orissa and Others)

(x) AIR 2021 SC 4648 (State of Bihar vs. Arbind Jee)

4. Learned counsel for the petitioner, in response, has submitted that Jharkhand Secretariat Cadre Rules, 2010 is already on record and she has also referred to circular of the then Government of Bihar and Orisha dated 12th December, 1934 for consideration in the matter of determination of seniority. She has also referred to the decision dated 13th July, 1971 and submitted that both these circular/decisions are relevant for the determination of inter-se seniority. She has reiterated that the point of discrimination, as has been argued in the case, has still not been answered by the respondents.

5. Arguments of the parties is concluded once again.

6. Post this case for pronouncement of judgment on 13.06.2022.

(Anubha Rawat Choudhary, J.) Mukul