Jharkhand High Court
Pravir Kumar Minz vs Jharkhand on 11 April, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:11126
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 1138 of 2023
-----
Pravir Kumar Minz, aged about 58 years, s/o late Eliazer Minz, r/o
village Chettar, PO & PS Gumla, Dist. Gumla Jharkhand, 835207
.... ....Petitioner
Vrs.
1. State of Jharkhand
2. Mr. Madan Mohan Bariyar, s/o not known to the petitioner, the
Chairman Jharkhand Rajya Gramin Bank Head Office Ranchi,
having its office at 3rd Floor Zila Parishad Bhawan Court Road
Ranchi, PO GPO PS Sadar, Dist. Ranchi, Jharkhand 834001
3. Mr. Sushant Kumar Pani, s/o not known to the petitioner, the
General Manager, Jharkhand Rajya Gramin Bank Head Office
Ranchi, having its office at 3rd Floor Zila Parishad Bhawan Court
Road Ranchi, PO GPO PS Sadar, Dist. Ranchi, Jharkhand, 834001
.... Opp. Party(s)
With
Civil Review No. 3 of 2024
-----
Jharkhand Rajya Gramin Bank through its General Manager, having its
office at 3rd Floor zila Parishad office premises, Near Kutchery Chowk,
Ranchi, PO GPO Ranchi & PS Sadar, Dist. Ranchi 834001
.... ....Petitioner
Vrs.
1. Pravir Kumar Minz, aged about 58 years, s/o Eliazer Minz, r/o
village Chettar, PO & PS Gumla, Dist. Gumla State of Jharkhand
2. Jharkhand Rajya Gramin Bank Head Office through its Chairman,
having its office at 3rd Floor Zila Parishad office premises Near
Kutchery Chowk, Ranchi, PO GPO , Ranchi & Sadar, Dist. Ranchi,
834001
3. Regional Manager, Jharkhand Rajya Gramin Bank, Ranchi Region,
having its office at Samridhi Complex, Near St. Xavier's School,
South Office Para, Doranda, Ranchi, PO & PS Doranda Dist. Ranchi
834002, Jharkhand
4. The Branch Manager,Jharkhand Rajya Gramin Bank, Pundag
Branch, Ranchi having its office at Argora Chowk, PO & PS
Argora, Dist. Ranchi 834002, Jharkhand .... Opp. Party(s)
------
CORAM :SRI ANANDA SEN, J.
------
For the Petitioner(s):- Mr. Sahadeo Choudhary, Advocate
For the Opp. Party(s):Ms.Omiya Anusha, AC to AAG-IA
13 /11.04.2025:
2025:JHHC:11126
Cont. Case 1138 of 2023
The petitioner has filed this contempt application praying therein
to initiate a contempt against respondents for willfully violating the
order passed by this Court in W.P(S) No.3838 of 2022 vide order dated
17.07.2023.
The operative portion of paragraph nos. 4 & 5 of the order dated
17.7.2023 reads as follow:-
"4. In view of the fair submissions of the learned counsel for the parties, I
hereby direct the petitioner to file fresh representation annexing all the
relevant documents on which he is relying, within a period of two weeks
from the date of receipt of a copy of this order and after receiving the same
alongwith the copy of this order, the respondents, shall consider the same
in accordance with law and thereafter pass a speaking and reasoned order
taking into consideration the order dated 10.07.2019, passed by this Court
in W.P.(S). No. 7382 of 2017 (Sheikh Mohammad Ansari Vs. Jharkhand
Gramin Bank & Ors.), within a further period of six weeks, which shall
also be communicated to the petitioner.
5. It goes without saying that if the petitioner is found entitled for the
benefits, as prayed for, the same may be extended to him within a
further period of four weeks."
The Petitioner in writ petition i.e W..P(S) No.3838 of 2022, had
prayed for a direction to pay gratuity, leave encashment and other
amounts which the petitioner is entitled to.
The dismissal order of the petitioner is the subject matter of
another writ petition i.e W.P(S) No.5455 of 2015. The said writ petition
was dismissed which led to filing of LPA No. 221 of 2022. The Letters
Patent Appeal was allowed by setting aside the impugned order
whereby the petitioner was dismissed from service. The matter
thereafter travelled to the Hon'ble Supreme Court at the instance of the
employer. The Hon'ble Supreme Court disposed of the Special Leave
Petition (Civil) No.23919 of 2023 on 18th of March, 2025 by exercising
the jurisdiction under Article 142 of the Constitution of India. The
Hon'ble Supreme Court passed the following order and paragraph no.9
is quoted hereinbelow:-
"9. Therefore, we pass following order:
(i) The impugned judgment and order of the Division Bench is
modified to the extent that the first respondent shall be deemed
to have voluntary retired w.e.f 29th May, 2019.
(ii) the first appellant shall notionally reinstate the first
respondent pursuant to the impugned judgment
(iii) we make it clear that the first respondent shall not be
entitled to arrears of pay and allowances. However, he shall be
2025:JHHC:11126
entitled to notional benefit of pay fixation etc. and he shall be
entitled to all retiral benefits including the pensionary benefits
in accordance with Chapter-V of the Regulations.
(iv) All retiral benefits shall be extended by the first appellant
to the first respondent within a period of three months from
today. We reiterate that the first respondent will be entitled to
all retiral benefits as provided under the said Regulation in
particular Chapter V except the payment of back wages."
In view of the aforesaid order of Hon'ble Supreme Court, the
order passed in W.P(S) No.3838 of 2022 cannot be complied with by
the respondents in the manner which has been directed in paragraph
no.4. In paragraph no.4 this Court passed an order directing the
respondent that while passing the order respondent must consider the
order, dated 10.07.2019 passed in another W.P(S) No. 7382 of 2017,
which is a separate writ petition in respect of different persons.
Now the case of the petitioner has to be considered in terms of
the final order passed in Special Leave Petition (Civil) No.23919 of
2023.
In view of the aforesaid development, in my opinion the
contempt does not lie. Thus, this contempt proceeding is dropped.
In view of the order passed in contempt petition, this
interlocutory application stands disposed of.
C. Rev. 3 of 2024
In view of final order passed in Special Leave Petition (Civil)
No.23919 of 2023 vide order dated 18.03.2025, this review petition is
rendered infructuous.
Accordingly, the same is dismissed as infructuous.
(ANANDA SEN, J.)
Anjali/-
