PARMANAND PANDIT Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) I.A. No. 5464 of 2015 Petitioner No. 1 has superannuated. Petitioner No. 2, who has been absorbed on the post of peon, by office order dated 18.2.2008 bearing Memo No. 478 issued by the Commercial Taxes Department, Annexure 1/1 pursuant to the decision of Human Resources Development Department contained in Resolution No. 824 dated 30.5.2007 being the surplus employees of the Non -Formal Education Project, which was closed in 2001, has sought interim protection in the matter of grant of current salary stopped since July, 2015. The controversy in the main matter is in relation to the application of the Contributory Provident Fund Scheme, 2004 brought into force w.e.f. 1st December, 2004. Petitioner claims to continue in the GPF scheme to which he was an optee in his previous service under Adult Education Project and claims that on account of the absorption in the present service his appointment should not be treated anew. It is submitted by learned counsel for the petitioner that pending adjudication on the main issue, in a similar matter being WP(S) No. 5323/2013 this Court by order dated 1.3.2014 have passed interim order for payment of current salary and allowing the petitioner to remain in GPF Scheme subject to out come of the main matter. He has, therefore, prayed for similar interim protection.

(2.) On the interim prayer made in the instant I.A. sufficient time has been granted to the respondents and the matter has been adjourned twice since 21.9.2015. However, counsel for the respondent -State has pleaded for more time on account of certain engagement of the respondents -authorities in the ensuing Panchayat election.

(3.) Be that as it may, petitioner No. 2 appears to be without salary and is working on the post of peon under the respondents -Commercial Taxes Department, now at Ranchi. In that view of the matter, interim prayer of the petitioner No. 2 is allowed in similar terms as those in WP(S) No. 5323/2013 dated 21.3.2014, operative portion of which is quoted hereunder: