Jharkhand High Court
Chandra Shekhar vs Union Of India & Others on 20 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3211 of 2013
Chandra Shekhar ..... Petitioner
Versus
Union of India & others ..... Respondents
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mr. Justice Deepak Roshan
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For the Petitioner : Ms. M.M. Pal, Sr. Adv., Mahua Palit
& Rukmini Kumari, Advs.
For the Resp-UoI : Mr. Anil Kumar, ASGI
Mr. Prabhat Kr. Sinha, CGC
11/20.09.2022 Learned Senior Counsel for the applicant submits that the
impugned order dated 23.12.2009 of learned CAT passed in O.A.No.74 of
2009 and in Review Application No.24 of 2010(R) dated 19.05.2011 is one of
the exceptions to the orders passed in case of several such applicants who
were on the same panel of Gangmen framed in May 1999 pursuant to the
advertisement dated 5th May 1998. Learned Senior Counsel for the
applicant/petitioner has straightaway referred to the judgment passed by this
Court on 5th January 2022 in W.P.(S) No.937 of 2015 which related to one of
such empanelled Gangmen Champeshwar Rajhans who has also been granted
alternative employment pursuant to the order dated 5th January 2022. It is
submitted that the impugned order dated 23rd December 2009 arises out from
O.A. No.74/2009 passed by the learned CAT, Patna Bench, Patna, Circuit
Sitting at Ranchi and the order dated 19th May 2011 passed in Review
Application No.24/2010(R) by the learned CAT whereas the applicant
Champeshwar Rajhans was allowed relief by the learned CAT much thereafter
vide order dated 31st October 2014 passed in O.A. No.051/00004/2014 with
M.A. No.051/00039/2014. Several such candidates out of total 1837
candidates empanelled as Gangmen by the Senior Divisional Personnel
Officer, Chakradharpur vide order dated 23 rd May 1999 were declared
medically unfit in the prescribed medical category and several such applicants
were appointed pursuant to the order passed by the learned CAT. In the case
of Champeshwar Rajhans, the Union of India being aggrieved by the order of
learned CAT, had approached this Court in W.P.(S) No.937 of 2015 which was
decided on 5th January 2022 by holding that the order of learned
Tribunal does not call for any interference in the facts and circumstances of
the case and the reasons discussed therein. It was however made clear that the
case of the respondent Champeshwar Rajhans should not be treated as a
precedent for other such persons approaching the court after a prolonged
delay. The case of the present applicant is much before that of Champeshwar
Rajhans as he had approached the learned CAT in 2009 itself. Therefore, the
observation made by this Court in the case of Champeshwar Rajhans would
not be of detriment to the claim of the present applicant Chandra Shekhar. On
principles of parity also since several such empanelled Gangmen who were
medically unfit, have been granted alternative employment, the respondents
should reconsider the matter and offer appointment to this petitioner also
subject to the outcome of the Writ Petition (Service) No.2259 of 2009. It is
submitted that the learned Division Bench of this Court vide order dated
14.10.2009 passed in W.P.(S) No.2259 of 2009 (Annexure-8 to the writ
petition) had refused to stay the operation of the impugned judgment and
order passed by the learned Tribunal. As a result, all the applicants/private
respondents therein were appointed subject to outcome of the case.
Learned ASGI Mr. Anil Kumar seeks time to obtain instructions
on this contention of the petitioner from the competent authorities.
As prayed for, let the matter be listed on 28th September 2022.
(Aparesh Kumar Singh, J.)
(Deepak Roshan, J.)
Shamim/
