SUSHIL KUMAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been preferred mainly for the reason that the petitioner is not allowed to join Rural Works Department in pursuance of an order passed by the Under Secretary, Water Resources Department dated 11th February, 2010, which is at Annexure-7 to the memo of the present petition.

(2.) Counsel for the petitioner has argued out the case right from very beginning i.e. prior to suspension and after suspension and submitted that after revocation of the suspension of the present petitioner the order dated 11th February, 2010 at Annexure-7 has been passed and the petitioner is directed to join Rural Works Department and when the petitioner approached Rural Works Department to joint the post, the Executive Engineer refused to accept his joining and the Executive Engineer of Rural Works Department wrote a letter to the Under Secretary, Water Recourses Department dated 16th February, 2010 to the effect that he cannot accept the joining of the present petitioner because somebody else is already working on the said post and that somebody is respondent No. 8 in the present petition. Thus, one department of the Government i.e. Water Resources Department is sending the petitioner to Rural Works Department for joining (vide order at Annexure-7) whereas, the another department of the State of Jharkhand i.e. Rural Works Department is not accepting the joining of the present petitioner vide order at Annexure-11 to the memo of the present petition and therefore, the present petition has been preferred raising a grievance that where the petitioner should join.

(3.) I have heard Counsel for the respondents-State, who has submitted that apparently, there is some anomaly in the understanding between the two departments and therefore, a direction may be given to the Secretary, Water Resources Department, who is respondent No. 2 to pass afresh order about posting of the present petitioner, as expeditiously as possible and practicable.