CHANDRA BHUSHAN PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petitioner approached this Court in W.P.(S) No. 3003 of 2015 with a grievance that his claim for reinstatement in service was wrongly declined by the District Education Officer, Dhanbad.

(2.) The order dtd. 13/8/2018 passed in W.P.(S) No. 3003 of 2015 begins with chequered history of litigation. In short, the writ petitioner succeeded in persuading the Court that he was entitled for reinstatement in service atleast on the ground of parity for co-employee Rajendra Prasad who was taken back in service in compliance of the order passed in C.W.J.C No. 2545 of 2000 (R) and that too after a decision by the Hon'ble Supreme Court in Civil Appeal No. 4310 of 2007, the order on which the State of Jharkhand heavily relied on to oppose the claim of reinstatement put forth by the writ petitioner. It further appears from a glance at the order dtd. 13/8/2018 that Sanjay Kumar was another employee who was permitted to continue in service even after the aforesaid order passed by the Hon'ble Supreme Court.

(3.) The relevant portions of the order dtd. 13/8/2018 are extracted below;