The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4860 of 2019 Rajiv Kumar, aged about 50 years, son of Late J.N. Kumar “Ratan”, resident of Flat No.202, Ratan Residency, Pani Tanki Road, Harmu Housing Colony, Harmu, P.O. Doranda, P.S. Argora, Town & District Ranchi (Jharkhand) Petitioner … … Versus 1. Jharkhand Urja Vikas Nigam Limited, through its Chairman-cum- Managing Director, having its office at Engineering Building, HEC, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi (Jharkhand) 2. Managing Director, Jharkhand Bijli Vitran Nigam Ltd., having its office at Engineering Building, HEC, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi (Jharkhand) 3. General Manager (Personnel & General Administration), Jharkhand Urja Vikas Nigam Ltd., having its office at Engineering Building, HEC, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi (Jharkhand) 4. General Manger (Human Resource), Bijli Vitran Nigam Ltd., having its office at Engineering Building, HEC, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi (Jharkhand) 5. Deputy General Manager (Human Resources), Jharkhand Urja Vikas Nigam Ltd., having its office at Engineering Building, HEC, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi … Respondents (Jharkhand) … With W.P.(S) No. 4862 of 2019
Legal Reasoning
Santosh Kumar, aged about 52 years, son of Sri Ganesh Sahu, resident of Flat No.101, Sona Apartment, Kalyanpur, Road No.3, Singhmore, Hatia, P.O. Hatia, P.S. Jagannathpur, Town, District Ranchi (Jharkhand) Petitioner … … Versus 1. Jharkhand Urja Vikas Nigam Limited, through its Chairman-cum- Managing Director, having its office at Engineering Building, HEC, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi (Jharkhand) 2. Managing Director, Jharkhand Urja Sancharan Nigam Ltd., having its office at SLDC Building, Kusai Colony, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi (Jharkhand) 3. General Manager (Personnel & General Administration), Jharkhand Urja Vikas Nigam Ltd., having its office at Engineering Building, HEC, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi (Jharkhand) 4. General Manger (Human Resource), Jharkhand Urja Sancharan Nigam Ltd., having its office at SLDC Building, Kusai Colony, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi (Jharkhand) 5. Deputy General Manager (Human Resources), Jharkhand Urja Vikas Nigam Ltd., having its office at Engineering Building, HEC, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi … Respondents (Jharkhand). … --- 2 CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Respondents --- : Ms. Prerna Jhunjhunwala, Advocate : Mr. Arpan Mishra, Advocate : --- 09/05.01.2024 W.P.(S) No.4860 of 2019 has been filed for the following reliefs: “(i) For issuance of an appropriate writ(s)/order(s)/direction(s) including writ in the nature of certiorari, for quashing the Resolution No.1609 dated 23.07.2018, as contained in Memo No.1610 dated 23.07.2018, issued under the signature of the Deputy General Manager (Human Resources), Jharkhand Urja Vikas Nigam Ltd., whereby the petitioner has been called upon the show cause as to why the petitioner be not reverted to the original post after cancelling his appointment to the post of Labour Welfare Officer from the date of appointment i.e., 08.08.2007; (ii) For further issuance appropriate writ(s)/order(s)/direction(s) commanding upon the respondents forbear from giving effect to and/or acting pursuant to notice as contained in Resolution No.1609 dated 23.07.2018, as contained in Memo No.1610 dated 23.07.2018 issued under the signature of the Deputy General Manager (Human Resources), Jharkhand Urja Vikas Nigam Ltd; an of And (ii.a) For issuance of further writ/order/direction for quashing the Resolution No.1220 dated 20.09.2019, as contained in Memo No.1221 dated 20.09.2019 issued under the signature of Deputy General Manager, Jharkhand Urja Vikas Nigam Limited, whereby and whereunder the petitioner has been reverted to the original post after cancelling his appointment to the post of Labour Welfare Officer from the date of appointment i.e., 08.08.2007; (ii.b) During the pendency of the instant writ petition, the operation / implementation/ execution of the order contained in Resolution No.1220 dated 20.09.2019, as contained in Memo No.1221 dated 20.09.2019 issued under the signature of Deputy General Manager, Jharkhand Urja Vikas Nigam Limited, may be kept in abeyance. And (iii) For any other appropriate writ, order or orders as your Lordships may deem fit and proper for doing conscionable justice to the petitioner.” 2. W.P.(S) No.4862 of 2019 has been filed for the following reliefs: “(i) For issuance of an appropriate writ(s)/order(s)/direction(s) including writ in the nature of certiorari, for quashing the Resolution No.1607 dated 23.07.2018, as contained in Memo No.1608 dated 23.07.2018, issued under the signature of the Deputy General Manager (Human Resources), Jharkhand Urja Vikas Nigam Ltd., whereby the petitioner has been called upon the show cause as to why the petitioner be not reverted to the original post after cancelling his appointment to the post of Labour Welfare Officer from the date of appointment i.e., 08.08.2007; (ii) For further issuance appropriate writ(s)/order(s)/direction(s) commanding upon the respondents forbear from giving effect to and/or acting pursuant to notice as contained in Resolution No.1607 dated 23.07.2018, as contained in Memo No.1608 dated 23.07.2018 issued under the signature of the Deputy General Manager (Human Resources), Jharkhand Urja Vikas Nigam Ltd; an of And (ii.a) For issuance of further writ/order/direction for quashing the Resolution No.1222 dated 20.09.2019, as contained in Memo No.1223 3 dated 20.09.2019 issued under the signature of Deputy General Manager, Jharkhand Urja Vikas Nigam Limited, whereby and whereunder the petitioner has been reverted to the original post after cancelling his appointment to the post of Labour Welfare Officer from the date of appointment i.e., 08.08.2007; (ii.b) During the pendency of the instant writ petition, the operation / implementation/ execution of the order contained in Resolution No.1222 dated 20.09.2019, as contained in Memo No.1223 dated 20.09.2019 issued under the signature of Deputy General Manager, Jharkhand Urja Vikas Nigam Limited, may be kept in abeyance. And (iii) For any other appropriate writ, order or orders as your Lordships may deem fit and proper for doing conscionable justice to the petitioner.” 3. Learned counsel for the petitioner(s) Ms. Prerna Jhunjhunwala, submits that I.A. No.10829 of 2023 and I.A. No.10828 of 2023 have been filed in W.P.(S) No.4860 of 2019 and W.P.(S) No.4862 of 2019 respectively seeking withdrawal of the present cases. She submits that the petitioners do not have any surviving grievances. 4. Considering the aforesaid submission, W.P.(S) No.4860 of 2019 and W.P.(S) No.4862 of 2019 are dismissed as withdrawn. 5. 6. Pending interlocutory application, if any, stands closed. Interim order, if any, stands vacated. Saurav (Anubha Rawat Choudhary, J.)