Jharkhand High Court
Shankar Prasad Keshari vs The State Of Jharkhand on 13 January, 2025
Author: S. N. Pathak
Bench: S. N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 247 of 2020
1. Shankar Prasad Keshari, aged about 62 years, S/o late Sukhdeo Prasad,
R/o Katoria Bazar, Suiya Road, P.O. - Katoria Bazar, P.S. - Katoria,
District - Banka (Bihar).
2. Suman Jee, aged about 58 years, S/o late Jai Prakash Prasad, R/o
Rajabagaicha, P.O. - Rajabagaicha, P.S. - Deoghar, District - Deoghar,
(Jharkhand).
3. Shambhu Prasad Jaiswal, aged about 63 years, S/o late Rajendra Prasad
Jaiswal, R/o Trakar Stand, Bajar Chowk, P.O. & P.S.- Munger, District -
Munger (Bihar).
4. Basudeo Prasad Yadav, aged about 66 years, S/o Sri Nand Kishore Yadav,
R/o Hanshdiha Hathgarh, P.O. & P.S.- Hansdiha, District - Dumka
(Jharkhand).
5. Thakur Vijay Kumar Sinha, aged about 64 years, S/o late Visheshwar
Sinha, R/o DSP Road, Kuwanar Singh, P.O. & P.S.- Gumla, District -
Gumla (Jharkhand).
6. Surendra Prasad @ Suresh Prasad, aged about 66 years, S/o late Seopujan
Prasad, R/o Matwari Kumahar Toli Hira Bag, P.O. & P.S.- Hazaribagh,
District - Hazaribagh, (Jharkhand).
7. Sarfraz Alam, aged about 65 years, S/o late Md. Fakhruddin, R/o Sarwar
Cottage, Ansar Nagar, Pelawal Road, P.O. & P.S.- Pelawal Road, District
- Hazaribagh, (Jharkhand).
8. Ashok Bhattacharjee, aged about 64 years, S/o late Sailaja Kumar
Bhattacharjee, R/o Old Kali Badi, Kali Bari Road, P.O. - Hazaribagh, P.S.
- Sadar, District - Hazaribagh, (Jharkhand).
9. Awadhesh Kumar Tiwari, aged about 62 years, S/o late Kedarnath Tiwari,
R/o Chandmari Road, Gali No. 1 Kankadbagh, P.O. & P.S.- Kankadbagh,
District - Patha, Bihar.
10. Vijay Kumar Sinha, aged about 63 years, S/o late Thakur Prasad, R/o
Shiv Kumar Lal Road new area Hamidganj, P.O. & P.S.- Daltonganj,
District - Palamu, Jharkhand.
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11. Jageshwar Choudhary, aged about 58 years, S/o Bawichan Choudhary,
R/o Bisunpur Arara, P.O. - Bisunpur Arara, P.S. - Garail, District -
Vashali, Bihar.
12. Lalji Prasad, aged about 58 years, S/o Bhagwan Saw, R/o NCI road,
Hamidganj, Daltonganj, P.O. & P.S.- Daltonganj, District - Palamu,
Jharkhand.
13. Jawed Akahtar, aged about 58 years, S/o Md. Younus Khan, R/o Muslim
nagar, P.O. & P.S.- Medninagar, District - Palamu, Jharkhand.
14. Varun Ranjan, aged about 32 years, S/o late Vijay Kumar, R/o Ishlampur,
P.O. & P.S.- Hajipur, District - Vashali, Bihar.
15. Arun Kumar Singh, aged about 63 years, S/o Shri Ram Tabakya Singh,
R/o Ward No. 1, Hamidganj, P.O. & P.S.- Daltonganj, District - Palamu,
Jharkhand.
16. Pratap Singh, aged about 56 years, S/o Suraj Singh, R/o Redma, P.O. &
P.S.- Daltonganj, District - Palamu, Jharkhand.
17. Rajendra Pandey, aged about 62 years, S/o late Brij Bihari Pandey, R/o
Bandhu, P.O. - Shapur, P.S. - Chainpur, District - Palamu, Jharkhand.
18. Madan Mohan Lal Mahto, aged about 63 years, S/o late Ram Chandra
Mahto, R/o Akbarpur P.O. - Mathurapur, P.S. - Arib Nagar, District -
Samastipur, Bihar.
19. Sarfaraz Ahmad, aged about 65 years, S/o late Basir Ahmad, R/o Subash
Marg, Kohinar Gali, P.O. & P.S.- Hazaribagh, District - Hazaribagh,
Jharkhand.
... ... Petitioners
Versus
1. The State of Jharkhand.
2. Sri Sukhdev Singh, S/o not known, Chief Secretary, Government of
Jharkhand, Project Building, P.O. & P.S.- Dhurwa, District - Ranchi.
3. Sri K. Ravi Kumar, S/o not known, the Principal Secretary, Transport
Department, Government of Jharkhand, Project Building, P.O. & P.S.-
Dhurwa, District - Ranchi.
4. Sri Sanjay Kumar Agrawal, S/o not known, Principal Secretary,
Government of Bihar, Department of Finance Patna, P.O. & P.S.- Patna,
District - Patna, Bihar.
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5. Sri Sanjay Kumar Agrawal, S/o not known, Bihar State Road Transport
Corporation through its Administrator, Parivahan Bhawan Birchand Patel
Path, Patna, P.O. & P.S.- Patna, Bihar.
... ... Opp. Parties
With
W.P.(S). No. 7417 of 2017
1. Birendra Kumar, S/o late Badri Narayan, R/o C/o Prakash Kumar Keshri,
near Amar Chowk, Chutia, P.O. & P.S.- Chutia, District - Ranchi,
Jharkhand.
2. Birendra Kumar Tiwari, S/o late Bishwanath Tiwari, r/o C/o Ramnath Sah,
new Amrawati Colony, P.O. & P.S.- Chutia, District - Ranchi, Jharkhand.
3. Bijay Kumar, S/o late Ray Kumar Singh, R/o Patel Nagar, near Panitanki,
Sector - I, HEC, P.O. - Dhurwa, P.S. - Jagarnnathpur, District - Ranchi,
Jharkhand.
4. Amrendra Kumar Sinha, S/o Sri Janardhan Sharma, R/o village and Post-
Booty, P.S. - Sadar, District - Ranchi, Jharkhand.
... ... Petitioners
Versus
1. The State of Jharkhand.
2. The Chief Secretary, Government of Jharkhand, Project Building, P.O. &
P.S.- Dhurwa, District - Ranchi, Jharkhand.
3. The Principle Secretary, Department of Transport, Government of
Jharkhand, FP Building, P.O. & P.S.- Dhurwa, District - Ranchi,
Jharkhand.
4. The Secretary, Department of Finance, Government of Jharkhand, Project
Building, P.O. & P.S.- Dhurwa, District - Ranchi, Jharkhand.
5. The Secretary, School Education and Literacy Department, Government of
Jharkhand, MDI Building, P.O. & P.S.- Dhurwa, District - Ranchi,
Jharkhand.
6. The Transport Commissioner, Government of Jharkhand, FFP Building,
P.O. & P.S.- Dhurwa, District - Ranchi, Jharkhand.
7. The Joint Transport Commissioner, Government of Jharkhand, FFP
Building, P.O. & P.S.- Dhurwa, District - Ranchi, Jharkhand.
... ... Respondents
3
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With
Cont. Case (Civil) No. 382 of 2020
1. Jharkhand State Non-Gazetted Employees Federation, Ranchi, having its
office at Hinoo, P.O. - Doranda, P.S. - Doranda, District - Ranchi,
through its Joint Secretary, namely, Umesh Kumar, aged about 64 years,
S/o late Bachcha Kumar Singh, R/o Mahabir Nagar, P.O. & P.S.- Argora,
District - Ranchi, Jharkhand.
2. Bidyanand Singh, aged about 67 years, S/o late Bansmochan Singh, R/o
Amravati Complex, P.O. & P.S.- Chutia, District - Ranchi.
... ... Petitioners
Versus
1. The State of Jharkhand.
2. K. Ravi Kumar, Principal Secretary, Department of Transport, at FAP
Building, Project Building, Dhurwa, P.O. - Dhurwa, P.S. - Jagarnathpur,
District - Ranchi.
... ... Opp. Parties
With
Cont. Case (Civil) No. 394 of 2020
Kubernath Rai, aged about 61 years, S/o Kedarnath Rai, R/o Sadar,
Chaibasa, P.O. & P.S.- Chaibasa, District - West Singhbhum at Chaibasa.
... ... Petitioner
Versus
1. The State of Jharkhand.
2. Mr. K. Ravi Kumar, S/o not known to the petitioner, the Principal
Secretary, Department of Transport, at FAP Building, Project Building,
Dhurwa, P.O. - Dhurwa, P.S. - Jagarnathpur, District - Ranchi,
Jharkhand.
3. Mr. Arwa Raj Kamal S/o not known to the petitioner, the Deputy
Commissioner, West Singhbhum at Chaibasa, P.O. & P.S.- Chaibasa,
District - West Singhbhum at Chaibasa.
... ... Opp. Parties
With
Cont. Case (Civil) No. 669 of 2021
1. Balmiki Prasad Singh, aged about 68 years, S/o late Ram Anugrah Singh,
R/o Maina Chatar, P.O. - Sebe, P.S. - Chndradip, District - Jamui, Bihar.
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2. Ram Bali Singh, aged about 68 years, S/o late Kailash Prasad Singh, R/o
village and P.O. - Rampur Dumra, ps. Maranchi, District - Patna, Bihar.
3. Ram Ekbal Singh, aged about 68 years, S/o late Awadhnandan Singh, R/o
Nirala Road, Vidyapati Nagar, Qr. No. 12, P.O. - Batidih, P.S. - Sidhgora,
District - East Singhbhum.
4. Naresh Kumar Singh, aged about 68 years, S/o Sri Ram Awatar Singh, R/o
House No. 2485, new Sitaram Dera, Slag Road, Ramdas, Bagan P.O. -
Agrico, P.S. - Sitaram Dera, District - Rast Singhbhum.
5. Sitasaran Prasad, aged about 68 years, S/o late Gurusahay Mistry, R/o
village and Post Dohada, P.S. - Nardiganj, District - Nawada, Bihar.
6. Arun Ram Son aged about 68 years, S/o late Ramdeo Ram, R/o C/o
Bimendu Chakravarth, new Colony, Tungri, Chaibasa, P.O. & P.S.-
Chaibasa, District- West Singhbhum.
7. Aditya Narayan Singh, aged about 67 years, S/o late Yadunandan Singh,
R/o Balia Bujurg, P.O. - Rajhat, P.S. - Akarbarpur, District - Nawada,
Bihar.
8. Md. Ishaque, ageda bout 68 years, S/o late Gulam Murtaza, R/o Chepapul,
Shalimar Apartment, Block No. A- 506, 5th Floor, P.O. & P.S.-
Azadnagar, District - East Singhbhum.
9. Karun Devi, aged about 65 years, W/o late Ramanand Singh, R/o Slag
Road, New Sitaram Dera, P.O. - Agrico, P.S. - Sitaram Dera, District -
Rast Singhbhum.
10. Baldeo Singh Yadav, aged about 68 years, S/o late Ramchandra Yadav,
R/o village Narayanpur, P.O. - Navgarh, P.S. - Amas, District - Gaya,
Bihar.
11. Md. Aslam, aged about 65 years, S/o late Md. Hamid, R/o Nawabganj,
Bundel Toli, P.O. - Madhavmil, P.S. - Malsalami, Patna City, District -
Patna.
12. Bimal Kumar Jha, aged about 69 years, S/o late Surendra Nath Jha, R/o
village and P.O. - Sonupur, P.S. - Rosera, District - Samastipur.
13. Jai Ram Sharma, aged about 66 years, S/o late Ram Brat Sharma, R/o
Main Road, Kharanza Gali, Jhanabad, P.O. & P.S. & District - Jahanabad,
Bihar.
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14. Arjun Sharma, aged about 68 years, S/o late Treman Sharma, R/o Dimna
Road No. 5, Sankusai, Ektanagar Began Area, Mango, P.O. & P.S.-
Mango, Jamshedpur, District - East Singhbhum.
15. Umesh Kumar, aged about 66 years, S/o late Umakant Prasad Singh, R/o
village and P.O. - Pokhraira, via Birauli, District - Samastipur.
16. Sabhapati Singh, aged about 66 years, S/o Sri Ram Niwaj Singh, R/o
Transport Colony DS/7, near Surya Mandir, Road No. 28, P.O. - Agrico,
P.S. - Sidhgora, District - East Singhbhum.
17. Dwarika Prasad, aged about 68 years, S/o late Sitaram, R/o Masjid Road,
Naya Baar, Deb, P.O. & P.S.- Deb, District - Aurangabad.
18. Baban Kumar Sinha, aged about 66 years, S/o late Nandu Lal, R/o village
Garh Par Nawada, P.O. & P.S. & District - Nawada, Bihar.
19. Lakhan Kumar Singh, aged about 68 years, S/o late Dharmdeo Singh, R/o
Yashoda Bhawan, Zone No. 2, Road No. 2, Birsanagar near Amit Na
Church, P.O. & P.S.- Birsanagar, District - East Singhbhum.
... ... Petitioners
Versus
1. The State of Jharkhand.
2. Shri Sukhdeo Singh, S/o not known to the petitioner, at present posted as
Chief Secretary, Government of Jharkhand, Ranchi, Project Building,
Dhurwa, Ranchi, P.O. & P.S.- Dhurwa, District - Ranchi - 834004.
3. Shri K. Srinibasan, S/o not known to the petitioner, at present working as
Principal Secretary, Department of Transport, Government of Jharkhand,
FFP Building, P.O. & P.S.- Dhurwa, District - Ranchi.
4. Shri Ajay Singh, S/o not known to the petitioner, at present working as
Principal Secretary, Government of Jharkhand, Department of Finance,
Project Building, P.O. & P.S.- Dhurwa, District - Ranchi.
5. Shri Ravi Shankar Bidyarthi, S/o not known to the petitioner, at present
working as Joint Transport Commissioner, Department of Transport,
Government of Jharkhand, FFP Building, P.O. & P.S.- Dhurwa, District -
Ranchi.
6. Shri K.K. Sone, S/o not known to the petitioner, presently working as
Member Board of Revenue, Government of Jharkhand, P.O. & P.S.-
Dhurwa, District - Ranchi.
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7. Shri Dinesh Kumar Ranjan, S/o not known to the petitioner, at present
posted as District Transport Officer-cum-Divisional Manager,
Jamshedpur, P.O. & P.S.- Jamshedpur, District - East Singhbhum,
Jamshedpur.
... ... Opp. Parties
With
W.P.(S). No. 886 of 2021
Nehal Khan, aged about 61 years, S/o late Raheman Khan, R/o village
Saguna, P.O. & P.S.- Danapur, District - Patna, Bihar.
... ... Petitioner
Versus
1. The State of Jharkhand, through its Principal Secretary, Department of
Transport, Government of Jharkhand, P.O. & P.S.- Dhurwa, District -
Ranchi, Jharkhand.
2. Deputy Commissioner, Garhwa, P.O. & P.S.- Garhwa, District - Garhwa,
Jharkhand.
3. Circle Officer, Bhandariya, P.O. & P.S.- Bhandariya, District - Garhwa.
... ... Respondents
With
W.P.(S). No. 4422 of 2021
Manu Prasad, aged about 62 years, S/o late Bajarang Thakur, R/o
Ramjisah Road No. 12, Dwarikpuri, Chutia, P.O. & P.S.- Chutia, District
- Ranchi.
... ... Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department of Transport,
Government of Jharkhand, P.O. & P.S.- Dhurwa, District - Ranchi,
Jharkhand.
2. Deputy Commissioner, Garhwa, P.O. & P.S.- Garhwa, District - Garhwa,
Jharkhand.
3. Circle Officer, Dhurki, P.O. & P.S.- Dhurki, District - Garhwa.
4. District Transport Officer-cum-Divisional Manager, P.O. - GPO, P.S. -
Kotwali, District - Ranchi.
... ... Respondents
With
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W.P.(S). No. 4434 of 2021
Bishwanath Prasad Jaiswal, aged about 69 years, S/o late Surendra Prasad
Jaiswal, R/o village Hahe, Angara, P.O. & P.S.- Angara, District - Ranchi.
... ... Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department of Transport,
Government of Jharkhand, P.O. & P.S.- Dhurwa, District - Ranchi,
Jharkhand.
2. Deputy Commissioner Giridih, P.O. & P.S.- Giridih, District - Giridih,
Jharkhand.
3. Circle Officer, Deori, P.O. & P.S.- Deori, District - Giridih.
4. District Transport Officer-cum-Divisional manager, P.O. - GPO, P.S. -
Kotwali, District - Ranchi.
... ... Respondents
With
Cont. Case (Civil) No. 942 of 2022
1. Bipin Chandra Ghosh, aged about 65 years, Son of late Ram Mohan Gosh,
resident of Kunouni, P.O & P.S Banka (Bihar) District- Banka (Bihar).
2. Munna Rajak, aged about 66 years, Son of late Hari Rajak, resident of
June Pokhar P.O & P.S June Pokhar, District- Deoghar.
3. Pradeep Kumar Singh, aged about 70 years, Son of late Sursh Prasad
Singh, resident of Deoghar College Road P.O & P.S Deoghar, District-
Deoghar.
4. Nageshwar Prasad Bhaiya, aged about 70 years, Son of late Sashi Bhushan
Bhaiya, resident of Karhanibhagh Road P.O & P.S, District- Deoghar.
5. Ashok Pd. Singh, aged about 68 years, Son of late Nageshwar Singh,
resident of village Hakakura Pagalay P.O & P.S Chandan, District- Banka
(Bihar).
6. Chitranjan Prasad Rai, aged about 68 years, Son of late Ramchandra
Prasad Rai, resident of Jogiya Dilha P.O & P.S Kiyajori, District- Jamuyi
(Bihar).
8
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7. Amarendra Naryana Singh, aged about 70 years, Son of Sri. Pramod
Prasad Singh, resident of village Krishnapuri near White Career School
P.O & P.S Deoghar, District- Deoghar.
8. Chandrashekhar Jha, aged about 66 years, Son of late Basudev Jha,
resident of Bhagwanpur, P.O & P.S Lakhnawdih, District Banka (Bihar).
9. Avinash Kumar Mahtha alias Ajay Mehta, aged about 67 years, Son of
late Rajkumar Mahtha, resident of Ranga More Near Deoghar College P.O
& P.S Deoghar District-Deoghar.
10. Chintamani Kr. Sahay, aged about 64 years, Son of late Bhageshvari
Sahay, resident of Shahid Ashram Road P.O & P.S Baidyanathsham,
District- Deoghar.
11. Sudheer Kr. Singh, aged about 68 years, Son of late Chandrashekhar Kr.
Singh, resident of Sri Krishnapuri P.O & P.S Deoghar, District- Deoghar.
12. Rabindranath Mukherjee, aged about 61 years, Son of late Sushil Kumar
Mukherjee, resident of village Sarthadham P.O & P.S Deoghar, District-
Deoghar.
13. Arbind Kumar Singh aged about 64 years, Son of late Subhash Chandra
Singh, resident of Ramnagar Stadium Road P.O & P.S Jasidih District-
Deoghar.
14. Nunmani Singh, aged about 64 years, Son of late Masudan Singh,
resident of Sahur P.O & P.S Amarath, P.S & District- Jamuyi.
15. Parmanand Singh, aged about 70 years, Son of late Tulo Prasad Singh,
permanent resident of village Khairehiya (Vichala Tola), P.O & P.S Akbar
Nagar, District- Bhagalpur (Bihar).
16. Prabhat Kumar Singh, aged about 64 years, Son of late Surendra Prasad
Singh, resident of Vikash Nagar, Gidhani P.O & P.S Gidhani Jali, District-
Deoghar.
17. Rajmani Singh, aged about 66 years, Son of late Jungbahadur Singh,
resident of Kamal Kothi, Purandaha P.O, P.S & District- Deoghar.
18. Pramod Kr. Singh, aged about 66 years, Son of Sri Ram Krishna Singh,
resident of village Raali P.O & P.S - NTPC (Badh), District- Patna
(Bihar).
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19. Ratneshvar Singh, aged about 64 years, Son of Sidheshwar Khan, resident
of Road no. 24 Adityapur, Jamshedpur P.O & P.S Adityapur, Jamshedpur,
District- East Singhbhum.
20. Ajay Kumar Jha, aged about 64 years son of Sri Nunu Mani Jha, resident
of M.N. Das Lane, Jogsar, P.O & P.S Jogsar, P.O & P.S Jogsar, District-
Nhagalpur (Bihar).
21. Ramashray Mistri, aged about 66 years son, of late Mahadeo Mistry,
resident of Village Barewa, P.O Polpol, P.S. Daltonganj, District- Palamu.
22. Ramu Mistry, aged about 63 years son of Sri Nand Kr. Mistry, resident of
Badi Patandevi Garha, P.O Guljarbagh P.S Patna City, District- Patna
(Bihar).
... ... Petitioners
Versus
1. The State of Jharkhand.
2. Sri. K. Ravi Kumar, Son of not known, the Principal Secretary, Transport
Department, Government of Jharkhand, Project Building, P.O & P.S-
Dhurwa, District- Ranchi.
... ... Opp. Parties
With
Cont. Case (Civil) No. 585 of 2024
1. Manohar Prasad, aged about 75 years, son of late Ramdas Prasad, resident
of Maszid Tola, P.O.+P.S.-Goh, District-Aurangabad (Bihar).
2. Sidheshwar Singh, aged about 78 years, son of late Suga Singh, resident of
Tarar, P.O.+P.S.-Tarar, District-Aurangabad (Bihar).
... ... Petitioners
Versus
1. The State of Jharkhand.
2. Shri Kripanand Jha, son of not known, Secretary Transport Department,
Government of Jharkhand, P.O.+P.S.-Dhurwa, District-Ranchi.
... ... Opp. Parties
With
Cont. Case (Civil) No. 634 of 2024
1. Prabhawati Devi, aged about 76 years, Wife of Late Bishwanath, Resident
of Jhagaru Bagan, House No. 24, Road No. 3, Jamshedpur, P.O. & P.S.
Telco, District- East Singhbhum.
10
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2. Jhalak Devi, aged about 71 years, Wife of Late Wakil Rai, Resident of
Jojobera, Jamshedpur, P.O. Rahargora, P.S. Govindpur, District- East
Singhbhum.
3. Urmila Devi, aged about 70 years, Wife of Late Shambhu Nath Prasad,
Resident of Block No. 319/2/3, Road no. 25, Transport Colony, P.O. &
P.S. Adityapur, District- Saraikela-Kharsawan.
4. Indu Devi, aged about 74 years, Wife of Late Vijay Narayan Singh,
Resident of Q. No. 312, Sector 3/A, Bokaro Steel City, P.O. Sector 3D,
P.S. Bokaro Steel City, District- Bokaro.
5. Usha Sinha, aged about 54 years, Wife of Late Jai Prakash Sinha, Resident
of Santosh Mansion, B Block, 203, Near RPS Law College, P.O. & P.S.
Danapur, District- Patna (Bihar).
6. Jagwanti Kuwar, aged about 79 years, Wife of Late Krishna Prasad Singh,
Resident of Village Bibipur, P.O. Bhadwa, P.S. Rafiganj, District-
Aurangabad (Bihar).
7. 7. Smt. Pankajni Nayak, aged about 58 years, Wife of Late Praful Nayak,
Resident of Dalposi, P.O. & P.S. Jagannathpur, Jaintgarh, District- East
Singhbum.
8. Smt Bala Devi @ Bel Mai Gopin, aged about 63 years, Wife of Late Gopi
Gope, Resident of Village Dumbi Sai, P.O. & P.S. Chaibasa, District-
West Singhbum.
9. Moni Devi, aged about 63 years, Wife of Late Ramshray Pandey, Resident
of New Babu Para, P.O. & P.S. Sonwadangal, District- Dumka (Bihar).
10. Siddanti Devi, aged about 75 years, Wife of Late Karyanand Singh,
Resident of Kumar, P.O. Kumar, P.S. Sikandra, District- Jamui (Bihar).
11. Md. Ismail, aged about 56 years, son of Late Md. Ibrahim, Resident of
New Mohalla Sheik Alam Chak, Jahanabad, P.O. & P.S. Jahanabad,
District- Jahanabad (Bihar).
12. Parmila Kuanwar, aged about 66 years, Wife of Late Ram Pukar Singh,
Resident of Hamidganj NCI Road, P.O. Hamidganj, P.S. Daltonganj,
District- Daltonganj.
13. Renu Devi, aged about 62 years, Wife of Late Kailsah Prasad Singh,
Resident of Williams town, Kothia, Deoghar, P.O. & P.S. Madhupur,
District-Deoghar.
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14. Sharda Devi, aged about 72 years, wife of Late Satyanarayan Singh,
Resident of Near Kali Mandir House No. 11, Rampur (Malhara), P.O. &
P.S. Mohanpur, District- Deoghar.
... ... Petitioners
Versus
1. State of Jharkhand.
2. Kripa Nand Jha, son of Not known, Principal Secretary, Department of
Transport, Govt. of Jharkhand having office at Project Building, Dhurwa,
P.O. & P.S. Dhurwa, District-Ranchi.
... ... Opp. Parties
---
CORAM : HON'BLE DR. JUSTICE S. N. PATHAK
---
For the Petitioners : Mr. Indrajit Sinha, Advocate
Mr. Rajendra Krishna, Advocate
Mr. Birendra Kumar, Advocate
Mr. Arpan Mishra, Advocate
Mr. Saurav Arun, Advocate
: Mr. Raj Kishore Singh, Advocate
: Mr. Pratyush Shounikya, Advocate
: Mr. Bhanu Kumar No. 1, Advocate
Mr. Amandeep Kumar Pandey, Advocate
For the Opp. Parties : Mr. Rajiv Ranjan, Advocate General
Mr. Sachin Kumar, AAG-II
Mr. Gaurav Raj, AC to AAG-II
Ms. Sweta Shukla, AC to AAG-II
AC to GP-III
Mr. Sushant Kumar, AC to SC-II
For the State of Bihar Mr. Diwakar Upadhyay, Advocate
Mr. Ranjit Kumar, Advocate
For the BSRTC Mr. Pankaj Kumar, Advocate
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43/13.01.2025 Heard the parties.
2. Pursuant to the order dated 10.01.2025, Kripa Nand Jha,
Principal Secretary, Transport Department, Government of Jharkhand
was present at 10:30 in the morning along with a copy of the affidavit.
The Principal Secretary, Transport Department, Government of
Jharkhand very candidly submitted that employees of the Transport
Department who are admittedly Government servants, are getting pay
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and other emoluments at par with the other Government servants in the
State of Jharkhand, are also entitled for all the consequential benefits
but from the date of their absorption i.e., 01.07.2004. It was further
submitted by the Principal Secretary that the petitioners shall also be
extended all the benefits as per their entitlements. He further submitted
that they are in the process of compliance of order of the Court and in
view of order and direction of this Court, the affidavit is ready and
crave leave to file the same. The Principal Secretary further prayed for
leave of the Court after filing of the affidavit in view of personal
involvement in other matters of the Government.
3. In view of fair submission on behalf of Principal Secretary,
Transport Department, leave is granted and his personal appearance is
hereby dispensed with.
4. On the last date of hearing i.e. 10.01.2025, in course of
hearing, Mr. Rajiv Ranjan, learned Advocate General assisted by Mr.
Sachin Kumar, learned AAG representing State very fairly submitted
that an affidavit shall also be filed after taking the informed decision
regarding payment of benefits as per their entitlements, the same has
been filed today itself.
5. Perused the affidavit filed by the State. It would be apt to
quote para-21 of the affidavit filed today, which reads as under:
"21. That with regards to the payment of ACP/MACP to
the absorbed employees, it is humbly stated and submitted
that all the government circulars and resolutions are
applicable to the absorbed employees after 01.07.2004 and
they are entitled under the same."
6. The petitioners are claiming benefits as per the order passed
by this Court in W.P.(S). No.277 of 2018 and other analogous cases,
particularly paragraph No. 21 thereof, which reads as under:
"21. As a sequitur of the aforesaid rules, guidelines and
judicial pronouncements, I am of the considered opinion
that the petitioners are entitled for pension taking into
consideration the past service rendered by them. Benefits
accruing to the petitioners by virtue of their earlier services
be also given to them within a period of three months from
the date of receipt of a copy of this order."
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7. Time and again, these cases have been listed and only on the
pretext that the entire benefits in terms of order dated 19.12.2019,
passed in W.P.(S). No.277 of 2018, particularly Paragraph No. 21
thereof, has not been extended, cases were taken up on several
occasions and were adjourned for compliance.
8. From perusal of the show-cause/affidavit filed by the State
and the submission of Principal Secretary of the Department before
this Court in presence of learned Advocate General and learned
Additional Advocate General, it appears that State is also ready to pay
the benefits as admitted by the Principal Secretary himself. Very
honestly and candidly, the State has come out with show-
cause/affidavit clearly mentioning therein that all the benefits as per
entitlements and in terms of order and direction of the Court, shall be
extended to the petitioners but from the date of their absorption i.e.
01.07.2004 of the employees of the Transport Department.
9. After hearing the learned counsel for the parties at length,
this Court had passed the order which has been affirmed up to the
Hon'ble Apex Court. The specific observation of this Court was never
interfered by the Hon'ble Apex Court to the effect that "petitioners are
entitled for pension taking into consideration the past service
rendered by them. Benefits accruing to the petitioners by virtue of
their earlier services be also given to them within a period of three
months from the date of receipt of a copy of this order". The other
contentions regarding ACP and MACP benefits, increments and leave
encashment etc. has to be paid to the petitioners as they are entitled for
the same. Admittedly, nowhere it was mentioned by this Court that
they are entitled for the benefits from a particular cut-off date. Cut of
date fixed by the respondents regarding calculation of the arears is in
complete contravention of the order passed by this Court which itself
is contemptuous. This Court, while passing the order, never fixed any
cut-off date rather, this Court was of the considered view that they are
entitled for the past services as reflected at paragraph-21 of the
Judgment dated 19.12.2019 (quoted hereinabove). The order of this
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Court was further clarified by a Co-ordinate Bench of this Court while
sitting over the contempt matters on 03.11.2023, which reads as under:
"5. On perusal of the order dated 19.12.2019, passed in
W.P.(S) No. 277 of 2018 and other analogous cases,
particularly paragraph no. 21 of the same, it is evidently clear
that pension of the petitioners was required to be fixed taking
into consideration the past services rendered by them, meaning
thereby that if they were having particular salary structure
when their services were placed in the State of Jharkhand, the
said salary structure was to continue with addition of
increment (if any), till they retired from service."
10. From perusal of the Judgment dated 19.12.2019 passed in
W.P.(S). No. 277 of 2018 and other analogous cases, particularly
Paragraph No. 21 thereof, it is evidently clear that pension of the
petitioners was required to be fixed taking into consideration the past
services rendered by them. Meaning thereby. if they were having
particular salary structure and when their services were placed in the
State of Jharkhand, the said salary structure was to be continued with
addition of increments, if any, till they are retired. The same was never
disputed at any point of time by the State.
11. In view of the show-cause/affidavit filed by the State, it is
evident that they had agreed to grant the benefits to the petitioners,
though notionally, for the periods prior to absorption i.e. 01.07.2004.
Since already order has been passed by this Court and has also been
clarified, no further clarification is needed. This Court is of the view
that out of sheer confusion, the matter is lingering for long and the
same should have a happy ending in view of submission of the officer
present in the Court, show-cause/affidavit filed today as well as
submission advanced by the learned Advocate General.
12. Since these contempt matters have been lingering in this
Court since long i.e. from the year 2020 and earlier the writ was also
pending before this Court and the same travelled up to the Hon'ble
Supreme Court, it would be apposite to direct the Opposite Parties-
State to clear the entire dues which the petitioners are entitled for as
per their own averments and as per the direction of this Court.
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13. The views expressed by this Court is also agreed upon by the
learned counsel representing petitioners as well as the State. In the
circumstances, these contempt proceedings are hereby dropped with a
direction to the State to release entire benefits, in terms of order and
direction of the Court, within a period of 12 weeks from the date of
receipt/presentation of a copy of this order.
14. Before parting with the order, this Court is of the view that
serious efforts have been made by Mr. Rajiv Ranjan, learned Advocate
General, Mr. Sachin Kumar - Additional Advocate General, as well as
other counsels assisting learned Advocate General.
15. With the aforesaid observations and directions, the contempt
proceedings stand dropped since substantial compliance has already
been made.
16. In view of fair submission on part of the State and show-
cause/affidavit filed today, it is apt clear that the State is in the process
of redressal of grievance of the petitioners and therefore, there is no
requirement to keep the writ petitions tagged with these contempt
applications pending. Consequently, the writ petitions also stand
disposed of. The respondents-State in all the writ petitions are directed
to do the needful in view of observations made hereinabove and as
assured by them in open Court as well as in their affidavit/show-cause.
(Dr. S. N. Pathak, J.)
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