GOPAL CHANDRA RAI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioners have inter alia, prayed for setting aside the impugned order as contained in Memo No. 2493 dated 29.08.2012 (Annexure-4) and further to set aside the memo no. 989 dated 28.04.2011 (Annexure-10), issued by the Joint Secretary, Department of Co-operation and further for quashing the memo no. 1398 dated 28.06.2011 (Annexure-11) issued by the Secretary, Department of Co-operation and further be pleased to quash the memo no. 78 dated 25.01.2006 and further for a direction upon the respondents to take into consideration the length of service rendered by the Paid Managers with the government for the purpose of payment of pension.

(2.) Sans details, the facts as delineated in the writ application, is that the petitioners were appointed as Paid Managers in terms of the advertisement issued by the office of the District Cadre Co-operative Society on 01.01.1981. 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 [(1998) VIII SCC 218], which was disposed of vide order dated 20.08.1998 upholding the order passed by Honourable 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 Honourable 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 Honourable 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 Honourable 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 24.02003, stating that the order passed by the Honourable Court has been complied with. Learned counsel for the petitioners submitted that since petitioners before this Court were also party before the Honourable 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 Honourable 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 07.02014 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.