KRISHNA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the State.

(2.) THROUGH this writ application, an order as contained in Memo No. 6255(S), dated 29.8.1998 (Annexure -9) has been sought to be quashed, under which the appointment of 382 employees of the Road Construction Department, Jharkhand, Ranchi, including the petitioners has been cancelled.

(3.) HOWEVER , that order was challenged by the State of Jharkhand before the Hon'ble Supreme Court, vide S.L.P. No. 1604 of 1999 which got dismissed and consequently order of this Court was affirmed. Thereafter the show cause notices were served upon the persons, who were the parties to that writ applications and on cause being show by them, the authority has passed the order terminating there services, but so far these petitioners are concerned, who are working in the Road Construction Department from 1988 to 1991 -92, no show cause notice has been served after the general order, as contained in Memo No. 6255(S) dated 29.8.1998 (Annexure -9), was set aside b~ this Court, but in spite of that, these petitioners are being not allowed to work on the premise that the second show cause notices given to the persons, who were the parties to the aforesq,jd writ applications, will also govern the other persons including these petitioners, which fact get transpired from the statement made in the counter affidavit, but the fact is that show cause notices in terms of the order passed by this Court in W.P.(S) No. 3769 of 2001 and other analogous cases, were issued to only those persons, who were the partied in the aforesaid writ applications and thus it is evidently clear that the authority without giving any show cause notice, has not been taking nay work, from the petitioners nor they have been paying their wages for the period which they actually worked.