MD ABDUL MANNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties. The orders under challenge are that of Central Administrative Tribunal, Patna Bench dated 22-12-2009 (Annexure-1) and notification by State Government dated 21-4-2001 (Annexure-2).

(2.) The earlier orders passed in this case indicate that petitioners have strongly relied upon judgement of Central Administrative Tribunal, Circuit Bench, Ranchi (annexure-35), as affirmed by a Division Bench of Jharkhand High Court by judgement dated 21-08-2009 (annexure-36) for advancing a submission that identical issues have been decided in favour of similarly situated employees of Jharkhand State and there was no good reason for taking a different view by the Central Administrative Tribunal, Patna Bench Patna in the impugned order dated 22.12.2009 in O.A. no. 199/2009 (annexure-1).

(3.) This court was informed at earlier occasions that the State of Jharkhand had preferred appeal before the Supreme Court against the judgement of the Jharkhand High Court contained in annexure-36 and hence, this court had kept the present matter pending as is apparent from our order passed on 31.8.2010. By that order certain interim directions were made for continuation of earlier interim order dated 3.8.2010. The SLP (Civil) No. 29678/2009 led to Civil Appeal No. 2243/2010 and that has been ultimately withdrawn by the State of Jharkhand as is apparent from the order of Hon'ble Supreme Court dated 9.9.2011. A copy of that order is available on record as annexurre-5 to I.A. No. 1138/2012 filed on behalf of the petitioners. From the order it appears that the Supreme Court heard the parties before allowing the prayer of the State of Jharkhand to withdraw the appeal. It was clarified that all interim orders would stand vacated and the Union Public Service Commission will be at liberty to declare the results which had been withheld on account of orders of that court.