JANARDAN PRASAD ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) At the outset learned counsel for the petitioner submits that issue involved in the present writ petition is covered by the judgment dated 13.04.2016 rendered by this Court in batch of cases lead by W.P.(S) No. 4461 of 2009 in the case of Bijay Kumar Jaiswal and Ors. v. State of Jharkhand and Ors. Petitioners herein have also prayed for counting their past services rendered as Paid Manager in Primary Agriculture Credit Societies (in short "PACS") in the State of Jharkhand and to give monetary benefits from the date of their employment as Paid Manager in terms of the judgment passed by the Hon'ble Supreme Court in Civil Appeal No. 7357 of 1996 in the case of State of Bihar & Ors. v. Bihar Rajya Sahkarita Prabandhak Seva Sangh, Patna & Ors. reported in (1998) 8 SCC 218.

(3.) Petitioners herein were appointed to the post of Paid Manager sometimes in the year 1973 on consolidated pay after inviting proper application and interview by the Selection Committee. Bihar Rajya Sahkarita Prabandhak Seva Sangh, Patna moved before the Patna High Court seeking a declaration that Paid Manager of the Co-operative Society appointed by the State Government should be treated and conferred the benefit of State Government employee. The said writ petition being C.W.J.C. No. 2312 of 1991 was allowed by the judgment dated 21.12.1994 with certain observation. State of Bihar preferred Special Leave Petition (Civil) before the Hon'ble Supreme Court of India being aggrieved by the judgment passed in the said writ petition. That matter was finally decided by judgment dated 20.08.1998 passed in Civil Appeal No. 7357 of 1996 (Supra). The Limited Competitive Examination was held pursuant to the direction of the Hon'ble Supreme Court in which petitioners have also participated. Results of such competitive test were published by the Jharkhand Public Service Commission showing 226 successful candidates including the petitioners. Consequentially these petitioners were appointed. However, the respondents did not consider their past services for the purposes of seniority and pension in terms of the observation made by the Hon'ble Supreme Court at para-8 in the case of Bihar Rajya Sahkarita Prabandhak Seva Sangh, Patna(Supra), which reads as under:-