KANAK BARA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have approached this Court with a prayer for direction upon the respondents to implement the decision of the Government as contained in Finance Department Resolution No.3521/F dated 11.4.1977 whereunder the services of the petitioners being the member of the Male and Female Branch of the Teaching wing of the Bihar Subordinate Education Service were merged into the Bihar Education Service Class II and any appointment/promotion were to be made from amongst the members of combined cadre, as after several rounds of litigation the matter regarding merger of cadre has attained finality vide judgment and order dated 23.11.2012 passed in Civil Appeal Nos. 8226- 8227 of 2012 and accordingly State of Jharkhand is duty bound to implement the said judgment and order and to extend benefits of the judgment to the petitioners, as because the petitioners stood retired from their services and due to inaction and latches on the part of State authorities they are unable to get their genuine and bona fide claims.

(2.) Further prayer has been made for direction upon the respondents to give consequential benefits and retiral dues to the petitioners treating them as member of the Jharkhand Education Service Class-II after giving notional posting and re-fixing the pay of the petitioners pursuant to the recommendation of the 3rd, 4th and 5th Pay Revision Committee in their upgraded cadre with effect from 11.4.1977 in the newly allotted post.

(3.) It has also been prayed for commanding upon the respondents specially Respondent No.3 & 4 to dispose of the representation of the petitioner which has already been given on several occasions.