KRISHNA MOHAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Manoj Tandon, learned A.A.G. on behalf of the State of Jharkhand.

(2.) The petitioner has preferred this writ petition for quashing the order dated 26.11.2010 contained in Annexure-8 whereby it was decided that the petitioner is not entitled for payment of gratuity. The petitioner has also challenged the order dated 31.12.2006 whereby the pension and gratuity of the petitioner has been withheld.

(3.) This matter was listed on 20.06.2019 and the matter was adjourned for 21.06.2019. On 21.06.2019, learned counsel appearing for the petitioner relied in the case of Dr. Parimal Chakravarty Vs. State of Bihar and Ors. in C.W.J.C. No. 5485 of 2017 which was decided on 19.06.2019 and submitted before this Court that the case of the petitioner is fully covered by this case and on the same date this Court also framed certain issues in this case and at the instance of the learned counsel for the respondent-State, the matter was adjourned to be listed on 22.07.2019. This Court requested the learned A.G. to address the Court on the issue framed by this Court. Learned A.G. in its turn assigned the matter to Mr. Manoj Tandon learned A.A.G. on behalf of the respondent State. The matter was again listed on 26.08.2019, when this matter was taken up the learned A.A.G. appearing on behalf of the State of Jharkhand, pointed out that this petitioner has already preferred a writ petition which was numbered as W.P.(S) No. 1353 of 2011 which was dismissed on 29.10.2015. Learned counsel appearing for the petitioner took time to examine as to why this happened and accordingly, the matter was adjourned for 27.08.2019. On 27.08.2019, when this matter was taken up, learned counsel appearing for the petitioner tried to justify the stand of the petitioner by way of placing various Annexures of the writ petition. At this Stage Mr. Manoj Tandon pointed out that he spent sleepless night and after much perseverance he has been able to find out that the petitioner has also preferred a L.P.A. being L.P.A. No. 16 of 2016 which is against the order dated 29.10.2015 passed by a co-ordinate Bench in W.P.(S) No. 1353 of 2011, the L.P.A. is still pending. On 27.08.2019, again the learned counsel for the petitioner took time to place some judgment as he was not armed with the judgment on which he is relying. Accordingly, the matter was listed on 28.08.2019.