Jharkhand High Court
Raju Raj Choudhary vs The State Of Jharkhand on 10 September, 2024
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 3318 of 2010
1. Raju Raj Choudhary, Son of late Ram Deo Choudhary,
Permanent Resident of East Nandgola, P.O. & P.S. Patna City,
District Patna (Bihar), at present resident of Church Road, P.O.
Church Road, P.S. Lower Bazar, District Ranchi (Jharkhand)
2. Radhey Shyam Tiwari, Son of Late Shiv Nath Tiwari, Permanent
Resident of Village-Barkagaon, P.O. & P.S. Barkagaon, District
Gopalganj (Bihar), at present Resident of Bootymore, P.O. Bariatu,
P.S. Sadar, District Ranchi, Jharkhand
3. Baidyanath Choudhary, Son of Ram Khelawan Choudhary,
Permanent Resident of Chiketoli, Mangal Talab, P.O. & P.S. Patna
City, District Patna (Bihar), at present Resident of Church Road,
P.O. church Road, P.S. Lower Bazar, District Ranchi, Jharkhand
4. Shilendra Marandi, Son of Late Samar Marandi, Resident of
Village, Jogiya, P.O. & P.S. Laxmipur, District Jamui, At present
Resident of Gangutoli, Chutia, P.O. & P.S. Chutia, District-Ranchi
... Petitioners
Versus
1. The State of Jharkhand, through the Chief Secretary, Govt. of
Jharkhand, Project Building, P.O. & P.S., Dhurwa District Ranchi
2. The Secretary, Department of Science and Technology, Nepal
House, P.O. & P.S. Doranda, District Ranchi
3. The Director, Department of Science and Technology, Nepal
House, P.O. & P.S. Doranda, District Ranchi
4. The Principal, Government Polytechnic Institute, Church Road,
P.O. Church Road, P.S. Lower Bazar, District Ranchi, Jharkhand
5. The Principal Secretary, to the Government, Department of
Personnel, Administrative Reforms and Rajbhasa Project Building,,
P.O. & P.S. Dhurwa, District-Ranchi ... Respondents
----------
Coram: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-------
For the Petitioners : Mr. Saurabh Shekhar, Advocate
For the Respondents: Mr. Sanket Khanna, A.C. to AAG V
-----
Order No.08/Dated- 10.09.2024
Heard Mr. Saurabh Shekhar, learned counsel for the petitioners
in W.P.(S) No. 3318 of 2010 and Mr. Sanket Khanna, learned A.C. to
AAG V.
It has been submitted by learned counsel for the petitioners that
one of the prayers of the petitioners was for quashing of that part of
the notification dated 13.02.2015 issued by the Principal Secretary,
Department of Personnel Administrative Reforms and Rajbhasha
Government of Jharkhand by which cut off date has been fixed as
10.04.2006 for regularization in terms of the Judgment rendered in
the case of State of Katnatka Versus Uma Devi & Ors.
Mr. Saurabh Shekhar, learned counsel for the petitioners has
submitted that the notification dated 13.02.2015 has subsequently
been modified and the benefit of ten years has been extended till the
date of issuance of the notification i.e. 13.02.2015 by virtue of
notification dated 20.06.2019. He has, therefore, submitted that in
view of the subsequent notification dated 20.06.2019 that part of the
prayer by which part of the notification dated 13.02.2015 was sought
to be quashed has basically become redundant.
Learned A.C. to AAG V has also been heard.
On consideration of the facts and the prayer made in the writ
application with respect to challenge to that part of the notification
dated 13.02.2015 issued by the Principal Secretary, Department of
Personnel Administrative Reforms and Rajbhasha which has been
subsequently diluted by virtue of the notification dated 20.06.2019
and since the writ petitioners have confined their prayer only with
respect to the direction upon the respondents to regularize their
services and pay the arrears of salary, the matter, therefore, has to be
heard by a Single Bench.
Accordingly, let this matter be sent before the appropriate Bench
with the consent of Hon'ble the Acting Chief Justice.
(Rongon Mukhopadhyay, J.)
(Pradeep Kumar Srivastava, J.)
Rajnish/Sachin
