JHARKHAND HIGH COURT ISSUES ORDER ON PRADEEP KUMAR SINGH V/S THE STATE OF JHARKHAND AND ORS

RANCHI, India, Aug. 28 -- Jharkhand High Court issued the following order on July 28:

1. Heard Mr. Arwind Kumar, learned counsel for the petitioner, Mrs. Nirupama, learned counsel for the State and Mr. Shashank Shekhar Prasad, learned counsel for opposite party no.3.

2. This petition has been filed under Article 227 of the Constitution of India for setting-aside the order dated 27.01.2017, passed by the learned Civil Judge, Sr. Division-I, Garhwa in Execution Case No. 07 of 2008, whereby, the learned Court has been pleased to dismiss the execution case filed by the petitioner for executing the judgment and order passed in Title Suit No. 28 of 1993, which was decreed in favour of the petitioner.

3. Mr. Arwind Kumar, the learned counsel for the petitioner submits that vide judgment dated 11.03.2008 passed in Title Suit No. 28 of 1993, which was decreed with cost and it was held that the petitioner is entitled for the appointment on the post of Rajaswa Karamchari. He submits that the said execution case was pending before the learned Executing Court and the learned Court vide order dated 27.01.2017 has been pleased to dismiss the same. He further submits that the learned Court has wrongly dismissed the execution case in spite of the fact that the said suit was decreed in favour of the petitioner and in view of that, the prayer made in the present petition may kindly be allowed.

4. Learned counsel for the State and opposite party no.3 jointly opposed the prayer and submit that the suit was only declaratory in nature and further consequential benefits, directions and decree are not there and in view of that, the learned Court has rightly passed the impugned order.

5. From the record, it transpires that the petitioner herein has earlier moved before this Court in W.P.(S) No. 4405 of 2017, wherein the prayer was made for directions upon respondent Nos. 2 and 3 for considering the case of the petitioner for appointment on the post of Rajaswa Karamchari and the further prayer was made for direction upon the said respondents to implement the judgement dated 21st March, 1997 passed by the Subordinate Judge, Garhwa in Title Suit No. 28 of 1993 and the prayer was also made for direction upon the respondents to pay the consequential benefits to the petitioner taking into consideration the initial date of appointment of the respondent nos. 4 and 5 on the post of Rajaswa Karamchari, in view of the fact that the aforesaid suit filed by the petitioner was decreed in his favour.

6. The said writ petition has been dismissed by the Coordinate Bench of this Court vide order dated 22.11.2023 and the learned Coordinate Bench has taken into account that so far as consequential relief is concerned, the learned suit Court merely declared the appointment to the post of Rajaswa Karamchari and there is no direction of consequential benefits and the decree is also not there and consequently, the said writ petition was dismissed.

7. In the present civil miscellaneous petition, the decree is not annexed and only the judgment is annexed and from the judgment of the learned trial Court, it transpires that only the declaration was made that the petitioner was entitled for appointment to the post of Rajaswa Karamchari, however, there was no further direction of consequential benefits and the decree is also not there.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqL6EHi8799LxoQYd1UBSn%2FgovesOTs8lRfpkTG0afzXx&caseno=C.M.P./230/2024&cCode=1&cino=JHHC010098442024&state_code=7&appFlag=)

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