Jharkhand High Court
The State Of Jharkhand Through The ... vs Ram Narayan Gupta on 5 September, 2023
1 LPA No.403/2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No.403 of 2021
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1. The State of Jharkhand through the Principal Secretary/Secretary,
Higher, Technical Education and Skill Development Department,
Government of Jharkhand, PO+PS-Doranda, Ranchi.
2. The Principal Secretary/Secretary, Higher, Technical Education
and Skill Development Department, Government of Jharkhand,
PO+PS-Doranda, Ranchi.
3. The Director, Higher, Technical Education and Skill Development
Department, Government of Jharkhand, PO+PS-Doranda,
Ranchi.
4. The Principal Secretary, Finance Department, Govt. of Jharkhand,
PO+PS-Dhurwa, Ranchi.
.... .... Appellants/Respondent Nos.1, 2 and 3
Versus
1. Ram Narayan Gupta, son of Late Sukhdeo Sao, aged about 60
years, resident of Road No.9, Near Hanuman Mandir, Ram Janam
Nagar, P.O. & P.S. Kadma, Town Jamshedpur, District-East
Singhbhum.
2. Anju Jha, wife of Late Kamlesh Kumar Jha, aged about 45 years,
resident of Flat no.126(D), Block No.1, Aditya Syndicate,
Ichhapur, Adityapur, P.O. & P.S. Adityapur, District-Seraikela-
Kharsawan. .... .... Respondents/Writ Petitioners
3. The Principal, Govt. Polytechnic, P.O. & P.S. Adityapur, District-
Saraikela--Kharsawan.
4. The Accountant General, Jharkhand, Accountant General Office,
P.O. & P.S. Doranda, Ranchi. ....
Performa Respondent Nos.3 & 4/ Respondent Nos.5 & 6
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Gaurav Raj, A.C. to A.A.G.-II
For the Respondents :
2 LPA No.403/2021
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11/Dated: 05.09.2023
Per Sujit Narayan, Prasad, J.
1. The instant intra-court appeal preferred under Clause-10 of
letters Patent is directed against the order/judgment dated
19.02.2021 passed by the learned Single Judge of this Court in
W.P.(S) No.3573 of 2020, whereby and whereunder, while allowing
the writ petition, the learned Single Judge has held the writ petitioner
entitled for the benefit as per memo no.715 dated 10.03.2014 and
accordingly, the respondent State is directed to grant similar benefit
to the petitioners which has been granted to the petitioners in
C.W.J.C. No.10680 of 2000. However, the respondent authority has
been directed to grant notional benefit to the petitioners from
09.12.1986, as they were failed to approached the Court within a
reasonable time and thus waiting for the outcome of the writ petition
and when the favourable order was passed, they approached the
High Court for similar benefit and as such, actual monetary benefit is
limited to 3 years prior to filing of the writ petition.
2. The learned State Counsel, in all fairness, has submitted by
referring to the order/judgment passed by the Coordinate Division
Bench of this Court in L.P.A. No.21 of 2021 on 16.02.2022 that the
order passed therein squarely covers the case of the appellants.
3. It has further been submitted that the instant appeal may be
disposed of in terms of the order dated 16.02.2022 passed by the
Coordinate Division Bench of this Court in L.P.A. No.21 of 2021.
4. We have heard the learned counsel for the State-appellant and
gone across the fact involved in the instant appeal as also the
judgment dated 16.02.2022 passed by the Coordinate Division
Bench of this Court in L.P.A. No.21 of 2021 in order to assess, as to
whether, the factual aspect involved in this appeal is similar to that of
the factual aspect involved in letters patent appeal being L.P.A.
No.21 of 2021.
5. We, on scrutiny of the said judgment with the facts of the
present case have found that exactly the similar issue has been dealt
with by the Coordinate Division Bench of this Court in L.P.A. No.21 of
2021 dated 16.02.2022, therefore, we are of the view that the instant
appeal is also to be disposed of in terms of the order dated
16.02.2022 passed in L.P.A. No.21 of 2021.
6. It has further been informed that the order passed by the
Coordinate Division Bench of this Court in L.P.A. No.21 of 2021 on
16.02.2022 has been affirmed by the Hon'ble Apex Court by
dismissing the S.L.P. being Special Leave petition (Civil) Diary
No.15612 of 2022 vide order dated 17.01.2023.
7. Considering the aforesaid submission and coming back to the
order passed by the learned Single Judge which is impugned in the
instant memo of appeal, this Court is of the view that since the
similar issue has been decided by the Coordinate Division Bench of
this Court in L.P.A. No.21 of 2021 on 16.02.2022, which has been
affirmed by the Hon'ble Apex Court by dismissing S.L.P. being
Special Leave Petition (Civil) Diary No.15612 of 2022, vide order
dated 17.01.2023, therefore, the instant appeal is also fit to be
dismissed.
8. In the result, the instant appeal fails and is dismissed.
9. In consequent to dismissal of this appeal, I.A. No.7562 of 2021
stands disposed of.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Rohit/-
