LAWS(JHAR)-2014-2-93

AMRENDRA KUMAR Vs. RANCHI REGIONAL DEVELOPMENT AUTHORITY

Decided On February 18, 2014
Amrendra Kumar Appellant
V/S
RANCHI REGIONAL DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties. By the common impugned order at Annexure -3 in W.P.(S) No. 66/14 and also at Annexures -3 and 4 in the other respective writ petitions, the services of the petitioners, who claim to be the employees of the Ranchi Regional Development Authority have been placed under the Directorate of Municipal Administration, Urban Development Department, Jharkhand, Ranchi, and they have been directed to be relieved w.e.f. 31st December, 2013. During the pendency of the writ applications, the representations of the petitioners have also been rejected vide order dated 11th January, 2014 which were allowed to be challenged by an earlier order dated 24th January, 2014 and are assailed as such.

(2.) IT is the contention of these petitioners that they are employees of the Ranchi Regional Development Authority (In short R.R.D.A.), whose services could not have been placed on deputation to foreign service like Directorate of Municipal Administration in the Urban Development Department, Jharkhand, Ranchi, without their consent, as it is in the teeth of Rule 267(a) of the Jharkhand Service Code, which governs the condition of employment of these petitioners. The petitioners' other contention is that R.R.D.A. being an autonomous organization, the services of the petitioners could not have been handed over to the Urban Development Department in such an arbitrary and illegal manner. The petitioners are also under the apprehension as to the service benefits which would be available to them pursuant to their placement under the Directorate of Municipal Administration in the Urban Development Department, Jharkhand, Ranchi.

(3.) LEARNED counsel for the Respondent - R.R.D.A. has, on the other hand, submitted that these petitioner have been placed under the Directorate of Municipal Administration, a wing of Urban Development Department, Govt. of Jharkhand from 1st January, 2014 onwards. Their pay and allowances will be paid by Ranchi Regional Development Authority (R.R.D.A.) the deputation of these petitioners have been made due to shortage of staff in the concerned State Government Office, for which a request was also made on 21st November, 2013 to Ranchi Regional Development Authority. The petitioners have not been transferred but only deputed in the said office. It has been contended that instead of submitting their joining these petitioners have proceeded on leave. The other person covered under the same impugned notification and who has not challenged the same has already joined and is working on the deputed place in compliance of the said order.