NISHI KANT JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent has been filed against the judgment and order dated 234th September. 2001, passed by a learned Single Judge of this Court, The writ petitioner -appellant filed a writ application under Article 226 of the Constitution of India claiming the benefit of three years extension in service on the ground that he has been given a National Award and that there are provisions which entitled him to the grant of the aforesaid benefit. The learned Single Judge, however, dismissed the writ application relying upon a memorandum issued on 23rd May. 1996, by the State Government, wherein the State Government decided that instead of any extension in service as a recognition for the National Award winners, the awardees would be granted the benefit of being paid the award money.

(2.) THE appellant has not filed along with the memo of appeal, the copy of theaforesaid memo dated 23rd May, 1996. When the attention of the learned counsel for the appellant was drawn to Rule 175 of the High Court of Jharkhand Rules, 2001, with respect to the filing of all such papers and documents, which form the record of the writ application/ writ proceedings and which would be the subject -matter of reference in the proceedings in the Letters Patent Appeal, he submitted that on a proper construction of this Rule and on a reading of a judgment of the Supreme Court in the case of Baddula Lakshmaiah and Ors. v. Anuaneya Swami Temple and Ors., reported in 1996 (3) SCC 52, he was not required to file a copy of the aforesaid memorandum, dated 23rd May. 1996.

(3.) INSOFAR as the scope of Rule 175 (supra) and the question of its mandatory application is concerned, we have no hesitation in observing that this Rule was incorporated in the High Court Rules with a definite purpose. The purpose related to the tiling of papers and documents, as are mentioned in this Rule, which would always be helpful in the hearing and disposal of the appeals. It had been noticed earlier that the appellants invariably filed the Memos of Appeal along with only the certified copies of the judgments appealed against and did not enclose papers or documents which formed a part of the writproceedings, even though these are vitally essential for adjudication of the issues involved in the case. The parties would refer to these documents and seek reliance upon them, yet their copies were not filed along with the Memos of Appeal. To overcome this malady, therefore, this provision was introduced in the High Court Rules so that both the Bench and the Bar faced no difficulty in understanding the issues involved in the Appeal, in appreciating the same and in adjudicating the rival contentions of the parties.