RANCHI, India, Dec. 1 -- Jharkhand High Court issued the following order on Oct. 31:

1. By way of filing this writ petition, the petitioner has sought for the following reliefs:-

a) for issuance of an appropriate writ(s)/order(s)/direction(s) upon the respondents to pay salary of the petitioner w.e.f. 11.3.2015 till the date of his retirement i.e. 31.7.2018 while the petitioner was kept waiting for posting without any fault on his part as the petitioner after completion of his Leave period, he already submitted application in the office of the concerned respondent.

And

b) The petitioner further prays that in view of the facts and circumstances pleaded in this writ application, the petitioner remained employee of the State of Jharkhand, Labour Department till the said date of his retirement.

2. The petitioner was appointed as an Assistant Engineer (Mechanical) in BISCOMAUN (Bihar State Co-operative Marketing Union Ltd.) on 13.05.1982 and joined on 14.05.1982. In 1997, due to financial issues in BISCOMAUN, the State of Bihar deputed 10 Engineers, including the petitioner, to the Labour, Employment, and Training Department. However, 6 of them, including the petitioner, were not posted due to roster clearance issues. They filed a writ petition being C.W.J.C. No. 2369 of 1998 before the Patna High Court, which led to interim order in 2000 for their proper posting and payment of salary. Accordingly, the petitioner was posted as Principal, Industrial Training Institute (ITI), Daltonganj, where he worked until his retirement on 31.07.2018 in the newly formed State of Jharkhand. He had also opted to remain in Jharkhand after the bifurcation of Bihar. In 2014, his services were wrongly returned to Bihar. He challenged this move legally and stayed in Jharkhand without ever actually rejoining Bihar. He applied to rejoin Jharkhand service in March 2015. Despite many vacant posts, he wasn't posted until his retirement.

3. Learned counsel for the petitioner submits that aggrieved by administrative inaction, the petitioner and others filed C.W.J.C. No. 2369 of 1998 before the Hon'ble Patna High Court and during pendency, the petitioner was illegally repatriated to BISCOMAUN. He further submits that in view of Sections 72 and 74 of the Bihar Reorganisation Act, and in light of the petitioner's permanent deputation and choice to remain in Jharkhand, the petitioner is deemed to be an employee of the State of Jharkhand. He further submits that the petitioner was maliciously returned to the State of Bihar vide dated 08.10.2014. The State of Bihar refused to accept his services back, and requested Jharkhand to rectify the notification and retain the petitioner. He also submits that the petitioner, being ready and willing to work, was wrongfully kept idle without any fault. Despite Court orders, respondents failed to post him and pay him from 11.03.2015 to 31.07.2018.

4. The learned counsel for respondent-State of Jharkhand submits that the petitioner was sent on deputation as Principal of Industrial Training Institute, Daltonganj in 2000 and later to Industrial Training Institute, Sahibganj in 2014, but he did not join the Sahibganj post. As a result, his services were returned to the Bihar government, his original employer. He further submits that as per the Court decision in LPA No. 344 of 2012, employees like the petitioner were to be treated as Bihar government employees. So, after his repatriation in 2014, any service-related claims were the responsibility of Bihar government and not Jharkhand.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoOxEoIPUtI6IQULkojZhOj9yAf90KEWEcd1%2Fix3MCZ1Y&caseno=WPC/4382/2021&cCode=1&cino=JHHC010328132021&state_code=7&appFlag=)

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