STATE OF JHARKHAND Vs. MD.MUZAMMIL SULTAN

JUDGEMENT

(1.) THIS appeal has been filed by the State of Jharkhand and others, against the order dated 15.7.2002, passed by learned Single Judge, in Contempt Case (Civil) No. 745 of 2001. According to stamp report dated 28.1.2003, limitation for filing the appeal expired on 14.8.2002, whereas it was filed on 28.1.2003, I.A. No. 206 of 2003 at flag L has, therefore, been filed, under Section 5 of the Limitation Act, 1963, for condonation of the aforesaid delay, wherein the detailed explanation has been furnished. We are satisfied that the appellants have property explained the aforesaid delay caused in filing the appeal. Hence, the delay is condoned.

(2.) MD . Muzammil Sultan, the sole respondent was working on the post of typist, on daily wage in the office of the Conservator of Forest, State Trading Circle, Hazaribagh (West). According to him, a list of the candidates, including him, who were working on daily wage for the last so many years was prepared, pursuant to the Government notification dated 18.6.1993 and was sent to the higher authority for consideration of their case for regularization, but nothing happened thereafter. He, therefore, filed CWJC No. 1154 of 2000 in this Court for issuance of appropriate direction upon the respondents concerned to consider his case for regularization. The said writ application was disposed of on 19.6.2001 with direction to the respondents to consider his case also along with others for regularization of their services and pass a reasoned order within two months from the receipt/production of the order. The sole respondent, thereafter received Memo No. 849 dated 18.8.2001, issued from the office of the Divisional Forest Officer, State Trading Division, Hazaribagh (West) whereby his representation was disposed of, holding that neither there was any vacant post of class -III and class -IV employees, nor there was any work, and as such it was not possible to regularize his services against any of the posts. However, as the respondent was found to have been working, he was paid arrears of wages up to August, 2001. Thereafter, Divisional Forest Officer the appellant No. 4 issued letter dated 27.8.2001 for disengagement of the sole respondent with effect from 31.8.2001.

(3.) THE learned Single Judge heard the contempt case and disposed it of by the impugned order dated 15.7.2002 observing that the Regional Chief Conservator of Forest, who was present in Court stated that the petitioner has been working on the post of typist and he shall be regularize in service in compliance of the Courts order and directed the opposite parties therein to pay the entire salary, including the period when pursuant to illegal order of termination the petitioner was not paid his salary. It was further observed that no reason has been assigned as to why inspite of specific direction of this Court, the letter terminating the services of the respondent was issued by the Division Forest Officer, State Trading Division, Hazaribagh (West). Learned Single Judge directed the opposite party - appellant herein to pay the entire salary, including the period when, pursuant to the illegal order of termination the respondent was not paid his salary. The entire salary was, therefore, directed to be paid to the sole respondent within 30 days.