DINESH CHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed under Article 226 of the Constitution of India by the petitioner for the following relief(s);

(2.) IN nutshell, the petitioner's case is that the petitioner was appointed as an Assistant Engineer in BISCOMAUN, the then State of Bihar and in a high level meeting reviewed the recommendation made by the previous Development Commissioner on different point to overcome the crisis of BISCOMAUN and thus a detailed report for rehabilitation of BISCOMAUN was prepared and the Joint Secretary, Govt. of Bihar requested the Managing Director, BISCOMAUN to declare the staff surplus to meet the financial crunch of respondent No. 8. It was decided to send the staff for appointment with respondent No. 6 to the different Government Departments. In pursuance to that, a letter was also received to the Government Polytechnic, Ranchi and the Govt. Polytechnic Ranchi also sent a requisition for the post of Lecturer along with other posts on deputation to the respondent No. 6. The petitioner, pursuant to the said letter applied in the Govt. Polytechnic Ranchi as lecturer in Civil Engineering and he was selected for deputation in the said Polytechnic as Lecturer in the year 1994 and the services of the petitioner was taken by the Govt. Polytechnic, Ranchi. Many other employees of different categories were also sent to the different departments of the Government. The petitioner had continued for a long time in the Govt. Polytechnic, Ranchi as lecturer. Now the Government of Bihar has decided to send back the petitioner to the parent department. Similarly situated persons, Ramashraya Singh and others were deputed in the Science and Technology Department from the Corporation and the department on the ground of apprehended technical objection of Indian Council of Technical Education has refused to permanently absorb them. However, a writ petitioner was allowed by the High Court of Patna, Bihar. Thereafter, a writ petition was filed by the petitioner before the Patna High Court, which was numbered as CWJC No. 7642 of 2000 before the Court for seeking the relief of absorption along with the other relief(s). In the said writ petition, the Hon'ble Patna High Court by interim order dated 17.8.2000 restrained the respondents from repatriating the petitioner back to the respondent No. 6 with further observation that in the meantime, it would be open to the respondents to absorb the petitioner in the service of the State. Thereafter, the State of Jharkhand was carved out from the State of Bihar by virtue of Bihar Reorganization Act, 2000. The said writ petition was heard by the Patna High Court and on 26.7.2006 and the same was dismissed with observation that in case the parent department of the petitioners' i.e. respondent No. 6 is liquidated, the petitioners may move the appropriate Government for their absorption in any of the Department of the State of Bihar in accordance with law. Against the said order, an appeal being LPA No. 620/06 was preferred before the Patna High Court and by order dated 5.9.08 the said LPA was disposed of on the ground that the LPA is not maintainable and it will be open to the appellant to raise his grievance, if any, before the Jharkhand High Court, Ranchi. Thereafter, this writ petition has been preferred by the petitioner before this Court.

(3.) THE petitioner has filed the copies of the judgments of Patna High Court of different writ petitions of the petitioner or other similarly situated persons, out of which, some of the writ petitions were allowed and against which, the L.P.As. are pending and some of the writ petitions were dismissed and L.P.As. are pending before Patna High Court.