JALSU KHALKHO Vs. THE STATE OF JHARKHAND,

JUDGEMENT

(1.) LEARNED Counsel for the petitioner has submitted that the petitioner was initially working as a Chain Man, and thereafter, he was appointed as Truck Khalasi, and from 1978, the work of the Driver was taken from the present petitioner, and the salary for the post of Driver was never paid, and therefore, the writ petition bearing C.W.J.C. No. 4324 of 2000 was instituted before the High Court of Patna, Bench at Ranchi, and this writ petition was disposed of by order dated 21.12.2000, whereby a direction was given as under:

(2.) DESPITE the aforesaid direction, no salary was paid for the post of Driver, and therefore, a Cont. (Civil) Case No. 25 of 2004, was instituted. In contempt application, reply given by the respondent that for the post of driver, a license presented by the writ petitioner. Some enquiry was going on about his license, and therefore, the contempt application was disposed of, but, no enquiry has been ended with an enquiry report, and then once again, despite the direction, no salary is being paid, and the representation preferred by the petitioner has been brushed aside by the respondents.

(3.) LOOKING to the impugned order at Annexure -14, nothing has been considered at all by the Chief Engineer, Minor Irrigation, Ranchi, and by sheer non -application of mind, the petitioner's case has been brushed aside, and therefore, the matter may be remanded for afresh decision in accordance of law, including the vacancy, seniority, roster, rules and regulations and the length of service as rendered by the present petitioner as a Driver.