Most. Sukri Devi @ Hiria Devi vs The State Of Jharkhand And Others
2024 Latest Caselaw 8763 Jhar

Jharkhand High Court

Most. Sukri Devi @ Hiria Devi vs The State Of Jharkhand And Others on 3 September, 2024

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
        L.P.A. No. 268 of 2024
Most. Sukri Devi @ Hiria Devi ...        ...    ...   ...  Appellant
                   Versus
The State of Jharkhand and others ...           ...     ...  Respondents
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN KUMAR RAI

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For the Appellant: Mr. Binod Kumar, Advocate Mr. Murari Prasad Sinha, Advocate For the State: Mr. Mrinal Kanti Roy, G.A.-I Mr. Chandan Tiwari, A.C. to G.A.-I For the Acct. Gen: Mrs. Richa Sanchita, Advocate

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06/Dated: 03.09.2024

A supplementary counter affidavit has been filed sought to be

filed in the Court. Copy of the same has been served upon the

learned counsel for the appellant.

Let the same be taken on record.

The Court has perused the affidavit.

The ground has been taken on behalf of the State that the

judgment rendered in the case of Ram Prasad Singh Vs State of

Jharkhand, (2005) 3 JCR 9 (JHA), was pronounced by the Full Bench

of this Court on 16th May, 2005, while the death took place prior to the

said judgment, i.e., in the year 1998.

We have gone through the judgment passed by the Full Bench

of this Court in Ram Prasad Singh (supra), wherein the said

judgment has been passed on the basis of the Rule 1949, where the

consideration has been given by enforcement of the law to regularize

the employees working as Work-Charged. The Full Bench of this

Court has also considered the Rule 1949 to be consistent with the

constitutional mandate and as such, under the saving clause as

contained under Article 313 of the Constitution of India, the same has

been held to be constitutionally valid. Therefore, the question is even

though the Full Bench judgment has been delivered on 16th May,

2005, if the Rule 49 since the year 1949, then can the State be

allowed to take this plea that the judgment rendered by Full Bench

has come subsequent to the death of the employee working in the

Work-Charged capacity?

Mr. Mrinal Kanti Roy, learned G.A.-I appearing for the

respondents-State, took time to address the Court on this issue.

As prayed, list this matter on 9th September, 2024 under the

same heading.

(Sujit Narayan Prasad, A.C.J.)

(Arun Kumar Rai, J.) Manoj/uploaded Cp.1