MOHAN PRASAD BHADANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioners have inter alia, prayed for an appropriate writ/direction in the nature of certiorari for quashing the impugned order as contained in Memo No. 989 dated 28.04.2011 (Annexure -6) issued under the signature of the Joint Secretary, Cooperative Department, Govt. of Jharkhand addressed to the Registrar, Cooperative Society, Jharkhand and for a writ in nature of Mandamus commanding upon the respondents for making payment of arrears of amount of pension, gratuity and other retiral benefits as also current pension to the petitioners after taking into consideration the past services of the petitioners under employment as Paid Manager of Cooperative Society in the District of Giridih in view of the direction and judgment of the Hon'ble Supreme Court of India.

(2.) Sans details, the facts in a nutshell is that the petitioners were appointed as Paid Managers in the district cadre of Cooperative Society Limited, Giridih. Since the paid managers were facing some financial difficulties, they preferred writ petition by way of filing C.W.J.C No. 2312 of 1991 for the absorption in Government service, which was disposed of directing the respondents to absorb the paid managers in government service. Being aggrieved, the State preferred Civil Appeal No. 7357 of 1996, which was disposed of vide order dated 20.08.1998 upholding the order passed by Hon'ble Patna High Court directing the State of Bihar to conduct the examination for absorption of Paid Managers/petitioners, taking into account of their age, experiences and services rendered to the Cooperative Society. Pursuant thereto, the petitioners were absorbed in the government service, after following the procedure laid down by Hon'ble Apex Court. It has further been averred that after their absorption, the petitioners continued to discharge their duties in their respective government departments.

(3.) Learned counsel for the petitioners submitted that Hon'ble Apex Court in the case of State of Bihar & Ors. Vs. Bihar Rajya Sahkarita Prabandhak Seva Sangh, Patna & Ors as reported in (1998) 8 SCC 218 has directed the respondents State to count the earlier service of the petitioners for the purpose of seniority and pension, but when the said order was not complied with, the petitioners preferred Contempt Petition before the Hon'ble Supreme Court, being Cont. Civil No. 27 of 2003, which was disposed of in view of the affidavit filed by the State of Bihar on 24.03.2003, stating that the order passed by the Hon'ble Court has been complied with. Learned counsel for the petitioners submitted that since petitioners before this Court were also party before the Hon'ble Supreme Court, hence, the stand taken by the State of Bihar is also applicable to them. Learned counsel for the petitioners further submitted that in deference to the order passed by Hon'ble Apex Court in Civil Appeal No. 7357 of 1996, the Government of Bihar took a decision to extend benefits of seniority for the purpose of computing pension and other consequential benefits vide letter dated 26.02.2004 to the employees of Cooperative Department but the State of Jharkhand vide letter dated 07.03.2014 decided to remain stable on its earlier stand stating that since the past services rendered by the petitioners as paid/Cooperative Managers are not under government, their services cannot be counted for the purpose of pensionery benefits and promotion etc.