BIRENDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The impugned order dated 21.8.2009 has been passed by the Government of Jharkhand canceling the pay slip of the petitioner. A copy of that order is annexed as Annexure-1 to this writ petition. That order does not contain any reasons. A counter affidavit has been filed mentioning that because the petitioner's appointment was illegal, hence he has been ordered to be repatriated or transferred to the State of Bihar by a unilateral decision of the Jharkhand Government and therefore, the continuance of the petitioner in the State of Jharkhand is contrary to law and consequently the petitioner is not entitled to the pay.

(2.) The counter affidavit was filed on 11.3.2010. Subsequently on 22.3.2010 certain persons, including the petitioner, filed W.P.S. No.1001 of 2010 in which they obtained an interim order staying the unilateral decision of the Government of Jharkhand to repatriate those persons, including the petitioner, to the State of Bihar. For ready reference the order dated 22.03.2010 is quoted herein below:

(3.) In view of the interim order, the reason given in the counter affidavit looses its relevance.