STATE OF JHARKHAND Vs. MAHENDRA KUMAR SINHA

JUDGEMENT

(1.) HEARD the parties on I.A. No. 1047/2005 at flag 'L '. According to the Stamp Report dated 11.3.2003, limitation expired on 24.2.2003, whereas the memorandum of appeal was presented before this Court on 10.3.2003. On the next day, i.e., on 11.3.2003, the Stamp Report was made and certain defects Were pointed out, which could be properly removed on 13.6.2003 and on the same day, the appeal was filed. We find that sufficient explanation has been furnished for the said delay. Unfortunately about three months ' delay was caused at the instance of the counsel for the appellants in removing those defects properly. Hence, the delay in filing the appeal is condoned.

(2.) HEARD both parties on the merit of the appeal. The sole respondent claimed to have been appointed as Panchayat Sewak in the year 1981 on provisional basis, subject of the final approval after completion of necessary training. He further claimed that he was sent for such training in Panchayat Training Institute and after completing the same on 31.12.1981, he was directed to report in the office of the District Panchayat Officer, Dumka, for posting. Though the respondent claimed to have reported in the said office, but miserably failed to substantiate the ' same. After completing the training in December, 1981, neither the respondent reported in the office of the District Panchayat Officer, nor was posted any where and was traceless. In the year 1987, he was appointed afresh as Panchayat Sewak in the newly created district of Deogher on compassionate ground. However, he was allowed the benefit of necessary training, which he had already completed in the year 1981 and was directly posted in Sarba Block and thereafter, from there he was transferred to Madhupur Block, where at present he is working as Panchayat Sewak.

(3.) THE learned Single Judge, by the impugned order dated 20.1.2003, allowed the writ petition in part and directed the respondents to refix his seniority, giving benefit of the entire length of service and in this regard, a direction was given to him to approach the Director, Panchayat Raj, Government of Jharkhand, Ranchi. The Director was directed to pass appropriate orders within a period of four months from the date of receipt/production of a copy of the order, accompanied by a representation.