ASIRUDDIN Vs. THE STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the judgment and order delivered by the learned Single Judge in W.P.(S) No. 584 of 2008 dated 5th March, 2014 whereby the writ petition preferred by these appellants has been dismissed and hence, the original petitioners have preferred this Letters Patent Appeal.

(2.) Counsel appearing for the appellants submitted that the appellants were appointed as Clerk in the year, 1988 and their services were terminated on 11th January, 1989. The original petitioner no.1 preferred writ petition before the Hon'ble Patna High Court bearing C.W.J.C. No. 6819 of 1991 and by the order of the Patna High Court dated 23rd November, 1992 the matter was remanded for afresh decision. Again the order of termination was confirmed by the State Authorities vide order dated 7th December, 1993. This order was challenged by these appellants in W.P.(S) No. 4188 of 2004 which was dismissed vide order dated 1st September, 2004 and instead of filing Letters Patent Appeal another writ petition was preferred by these appellants bearing W.P.(S) No. 584 of 2008 which was dismissed by the learned Single Judge vide order dated 5th March, 2014 and therefore, the present Letters Patent Appeal has been preferred.

(3.) Counsel appearing for the appellants submitted that it is true that the order of termination of the original petitioners dated 07.12.1993 was challenged and it is also true that this very appellants have preferred the writ petition being WP.(S) No. 4188 of 2004 which was disposed of vide order dated 01.09.2004 and again they have preferred another writ petition mainly for the reason that another employee (who is not similarly situated like the present appellants) had challenged his termination order because he had worked for 10 years in the government services. That employee viz. Sadanand Thakur filed writ petition being C.W.J.C. No. 1752 of 2001 which was decided by the Jharkhand High Court vide order dated 10th March, 2003. This writ petition filed by Sadanand Thakur (as per counsel for these appellants, Sadanand Thakur is not similarly situated employee like these appellants) allowed, against which the State preferred L.P.A. No. 397 of 2003, which was dismissed, against which the State preferred S.L.P. before the Hon'ble Supreme Court bearing No.18356 of 2005, which was dismissed by Hon'ble Supreme Court vide order dated 05.09.2005/12.9.2005 and that Sadanand Thakur was reinstated into the government services vide order dated 15th September, 2005 and therefore, though earlier writ petition was dismissed of these very appellants they preferred another writ petition bearing W.P.(S) No. 584 of 2008. Counsel for the appellants submitted that the benefit obtained by Sadanand Thakur may also be extended upon these appellants.