Jharkhand High Court
Respondent/ vs Parsuram Choudhary on 6 January, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 393 of 2011
The State of Jharkhand through the Principal Secretary, Department of
Food and Civil Supplies, Govt. of Jharkhand having its office at Project
Building, P.O.-Dhurwa, P.S. Jagarnathpur, District- Ranchi.
... ... Respondent/Appellant
Versus
1. Parsuram Choudhary, Son of Late Sukh Raj Choudhary, Resident of
Mohalla-Nanmuhia, P.O.- Gulzaribagh, P.S. Alamganj, District
Panta.
... ... Petitioner/Respondent
2. That State of Bihar, through the Secretary, Department of Food
Supply and Commerce, Government of Bihar, Patna.
3. The Accountant General (A&E) Jharkhand, Ranchi.
4. The Deputy Commissioner, Chatra.
5. The President, District Consumer Forum, Chatra.
... ... Respondents/Performa Respondents.
With
L.P.A. No. 322 of 2013
The State of Jharkhand (then Bihar) through Joint Secretary, Department
of Food, Public Distribution & Consumer Affairs, Project Building, P.O.
+ P.S.-Dhurwa, District Ranchi ... ... Respondent/Appellant
Versus
1. Bihar State Non-Gazetted Employees Federation having its one of the
office at Dhanbad, P.O., P.S. & District-Dhanbad through its District
Secretary Shri N.K. Singh, P.O. + P.S. + District-Dhanbad
.. ... Petitioner/Respondent
2. Commissioner cum Secretary, Food Supply and Commerce
Department, Government of Bihar, P.O., P.S. & Dist. Patna
3. Managing Director, Bihar State Food and Civil Supplies Corporation
Ltd., Bihar, P.O., P.S. & Dist. Patna
4. Deputy Commissioner, P.O., P.S. & Dist. Dhanbad
5. Deputy Commissioner, P.O., P.S. & Dist. Bokaro
6. Deputy Commissioner, P.O., P.S. & Dist. Koderma
7. Deputy Commissioner, P.O., P.S. & Dist. Palamu
8. Deputy Commissioner, P.O., P.S. & Dist. Chatra
9. Deputy Commissioner, P.O., P.S. & Dist. Ranchi
10.Regional Education Extension Officer, Sada Medninagar, P.O., P.S. &
Dist. Daltonganj (Palamau).
.. ... Proforma Respondents/Opposite Parties
With
L.P.A. No. 410 of 2013
1. The State of Jharkhand through Principal Secretary, Department of
Food, Public Distribution & Consumer Affairs, Govt. of Jharkhand,
Ranchi, P.O. Dhurwa, P.S. Jagarnathpur, District- Ranchi.
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2. The Deputy Commissioner, Ranchi, P.O. & P.S. Ranchi, District
Ranchi
3. The Circle Officer, Chanho Block, Chanho, P.O. & P.S. Chanho,
District Ranchi
... ... Appellants/Respondents
Versus
1. Fuldavi Devi, wife of Late Ram Bahadur Mukhiya, resident of Village
Jagdishpur, P.O. Kahu, P.O. Birolay, District Darbhanga (Bihar)
2. The State of Bihar through the Secretary, Department of Food Supply
and Commerce, Government of Bihar, New Secretariat, P.O. & P.S.
Secretariat, Dist. Patna (Bihar), Patna
3. The Accountant General (A&E), Jharkhand, P.O. & P.S. Doranda,
Dist. Ranchi, Ranchi
4. The President, District Consumer Forum, Ranchi Kutchery, P.O. &
P.S. Kutchery, Dist. Ranchi.
... Respondents/Petitioners
With
L.P.A. No. 414 of 2013
1. The State of Jharkhand through the Secretary, Department of Food
Supply and Commerce, Government of Jharkhand, Project Building,
H.E.C. Area, P.O., P.S. -Dhurwa, District- Ranchi.
2. The Deputy Commissioner, Gumla, P.O., P.S. & District-Gumla
... ... Respondents/Appellants
Versus
1. Sunimoy Bhattacharjee, son of Late Sukhamoy Bhattacharjee,
Resident of C/o Mr. R.P. Sahu, D.S.P. Road, Murli Bagicha, P.O.
Gumla, P.S. Gumla, District Gumla.
... ... Petitioner/Respondent
2. The State of Bihar through the Secretary, Department of Food Supply
and Commerce, Government of Bihar, P.O, P.S & District - Patna,
Patna.
3. The Accountant General (A & E), P.O. and P.S. Doranda, District -
Ranchi, Jharkhand.
4. The President, District Consumer Forum, Gumla, P.O., P.S. &District
- Gumla ... Respondents/Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
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For the Appellant(s): Mr. Rahul Saboo, G.P.-II
Mr. Gaurang Jajodia, A.C. to G.P.-II
Mr. Sushant Kumar, A.C. to S.C.-II
For the Pvt. Respts: Mr. Mohan Kumar Dubey, Advocate
For the State of Bihar: Mr. S.P. Roy, G.A.
For the A.G. : Mr. Sudarshan Shrivastava, Advocate
---------
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29/Dated: 06.01.2025
M. S. Ramachandra Rao, C.J. (Oral)
I.A. No. 7633 of 2019 in L.P.A. No. 410 of 2013
1. This Interlocutory Application has been filed for substitution of
legal heir of original respondent No.1- Ram Bahadur Mukhiya, who died
during pendency of the appeal.
2. In view of the pleadings made in the Interlocutory Application,
I.A. No. 7633 of 2019 is allowed. Office to do the needful.
L.P.A. No. 393 of 2011, L.P.A. No. 322 of 2013, L.P.A. No. 410 of
2013 and L.P.A. No. 414 of 2013.
3. The issue raised in these appeals is covered by the judgment
rendered by the Patna High Court on 23.03.2009 in C.W.J.C. No. 8860 of
2002 as also the judgment dt. 08.04.2005 in C.W.J.C. No. 8111 of 2003.
4. The questions considered in those cases are identical to the
questions considered in the instant appeals i.e. whether the respondents
whose services were made available by the State Government and who
were then posted in the District Consumer Forums would render their
appointments in the said Forums 'fresh appointments' or it is simply a
case of 'transfer/absorption' in the District Forum.
5. In both the above cited decisions, the Patna High Court has taken
the view on identical facts that there was no fresh appointment of the
respective respondents in the State Government on the winding up of the
Bihar State Food and Civil Supplies Corporation and it was only a case
of transfer/deputation to the State Consumer Commission and that this
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view is also fortified by the fact that the last pay certificate as well as
service book were directed to be updated and forwarded.
6. In LPA No. 393 of 2011, the long service of the Writ Petitioner
from 19.01.1976 to 07.04.1997 was not taken into account for
computation of his pension on his retirement from service on 31.05.2007.
Similar is the situation in the other LPAs as well where the respondents'
services in Bihar State Food and Civil Supplies Corporation were not
counted towards their pension on their retirement as employees of the
Consumer Fora.
7. The learned Single Judge, in the judgment impugned in LPA
No. 393 of 2011, has rightly accepted the plea of the respondents
granting relief on the basis of the above decisions of the Patna High
Court wherein a similar view has been taken.
8. Therefore, for reasons alike as in judgment rendered by the Patna
High Court on 23.03.2009 in C.W.J.C. No. 8860 of 2002 as also the
judgment dt. 08.04.2005 in C.W.J.C. No. 8111 of 2003, we do not find
any merit in these appeals.
9. Accordingly all appeals are dismissed. There shall be no order as
to costs.
10. Pending interlocutory application, if any, stands disposed of.
(M. S. Ramachandra Rao, C.J.)
(Gautam Kumar Choudhary, J.)
APK/VK
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