SUDHIR KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 29.8.2003 passed by learned Single Judge dismissing the writ application filed by the appellant challenging the order passed by the Commissioner -Cum -Secretary, Public Health Engineering Department, directing the appellant to join the Jal Parishad.

(2.) THE question involved in this appeal is that whether the appellant is employee of P.H.E.D. where he was appointed or whether he should be treated as employee of the Bihar Rajya Jal and Wahit Mal Board, Patna where he was sent on deputation on 21.7.1986.

(3.) THE appellant has come to this Court earlier by filing writ petition bearing C.W.J.C. No. 7958 of 2002 which was disposed of on 1.10.2002. This Court observed in the said judgment that in view of aforesaid amalgamation no one can turn back and challenge the said amalgamation of the department into Jal Parishad and object that it was with or within consent. Thus it was held that once amalgamation was there petitioner became the employee of Jal Parishad. However, as it was stated on behalf of the petitioner in that case that one Abhiram Pandey who was also transferred with the petitioner has been repatriated to the P.H.E.D. this Court directed the authority to consider whether the case of the appellant is similar to Abhiram Pandey. The Commissioner -Cum -Secretary of the Department rejected the prayer of the petitioner on the ground that the said Abhiram Pandey was illegally repatriated and such illegal benefit cannot be given to the appellant. The appellant challenged the said order by filing C.W.J.C. No. 2225 of 2003, and the same was dismissed, and the L.P.A. No. 363 of 2003 against that was also dismissed, however, some observations were also made which will be referred at appropriate place. The appellant taking advantage of certain observations made in the order dated 1.5.2003 passed in L.P.A. No. 363 of 2003. filed an application before the Secretary -Cum -Commissioner, stating therein, that he should be repatriated to his parent department P.H.E.D. which was rejected by him. He challenged the said order in the writ application which was dismissed by the learned Single Judge, against that the present appeal has been filed.