-1 of 4- IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 393 of 2011 The State of Jharkhand through the Principal Secretary, Department of Food and Civil Supplies, Govt. of Jharkhand having its office at Project Building, P.O.-Dhurwa, P.S. Jagarnathpur, District- Ranchi. ... ... Respondent/Appellant Versus 1. Parsuram Choudhary, Son of Late Sukh Raj Choudhary, Resident of Mohalla-Nanmuhia, P.O.- Gulzaribagh, P.S. Alamganj, District Panta. … … Petitioner/Respondent 2. That State of Bihar, through the Secretary, Department of Food Supply and Commerce, Government of Bihar, Patna. 3. The Accountant General (A&E) Jharkhand, Ranchi. 4. The Deputy Commissioner, Chatra. 5. The President, District Consumer Forum, Chatra. … … Respondents/Performa Respondents. With L.P.A. No. 322 of 2013 The State of Jharkhand (then Bihar) through Joint Secretary, Department of Food, Public Distribution & Consumer Affairs, Project Building, P.O. + P.S.-Dhurwa, District Ranchi ... ... Respondent/Appellant Versus 1. Bihar State Non-Gazetted Employees Federation having its one of the office at Dhanbad, P.O., P.S. & District-Dhanbad through its District Secretary Shri N.K. Singh, P.O. + P.S. + District-Dhanbad .. … Petitioner/Respondent 2. Commissioner cum Secretary, Food Supply and Commerce Department, Government of Bihar, P.O., P.S. & Dist. Patna 3. Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Bihar, P.O., P.S. & Dist. Patna 4. Deputy Commissioner, P.O., P.S. & Dist. Dhanbad 5. Deputy Commissioner, P.O., P.S. & Dist. Bokaro 6. Deputy Commissioner, P.O., P.S. & Dist. Koderma 7. Deputy Commissioner, P.O., P.S. & Dist. Palamu 8. Deputy Commissioner, P.O., P.S. & Dist. Chatra 9. Deputy Commissioner, P.O., P.S. & Dist. Ranchi 10. Regional Education Extension Officer, Sada Medninagar, P.O., P.S. & Dist. Daltonganj (Palamau). .. … Proforma Respondents/Opposite Parties With L.P.A. No. 410 of 2013 1. The State of Jharkhand through Principal Secretary, Department of Food, Public Distribution & Consumer Affairs, Govt. of Jharkhand, Ranchi, P.O. Dhurwa, P.S. Jagarnathpur, District- Ranchi. -2 of 4- 2. The Deputy Commissioner, Ranchi, P.O. & P.S. Ranchi, District Ranchi 3. The Circle Officer, Chanho Block, Chanho, P.O. & P.S. Chanho, District Ranchi ... ... Appellants/Respondents Versus 1. Fuldavi Devi, wife of Late Ram Bahadur Mukhiya, resident of Village Jagdishpur, P.O. Kahu, P.O. Birolay, District Darbhanga (Bihar) 2. The State of Bihar through the Secretary, Department of Food Supply and Commerce, Government of Bihar, New Secretariat, P.O. & P.S. Secretariat, Dist. Patna (Bihar), Patna 3. The Accountant General (A&E), Jharkhand, P.O. & P.S. Doranda, Dist. Ranchi, Ranchi 4. The President, District Consumer Forum, Ranchi Kutchery, P.O. & P.S. Kutchery, Dist. Ranchi. ... Respondents/Petitioners With L.P.A. No. 414 of 2013 1. The State of Jharkhand through the Secretary, Department of Food Supply and Commerce, Government of Jharkhand, Project Building, H.E.C. Area, P.O., P.S. -Dhurwa, District- Ranchi. 2. The Deputy Commissioner, Gumla, P.O., P.S. & District-Gumla ... ... Respondents/Appellants Versus 1. Sunimoy Bhattacharjee, son of Late Sukhamoy Bhattacharjee, Resident of C/o Mr. R.P. Sahu, D.S.P. Road, Murli Bagicha, P.O. Gumla, P.S. Gumla, District Gumla. ... ... Petitioner/Respondent 2. The State of Bihar through the Secretary, Department of Food Supply and Commerce, Government of Bihar, P.O, P.S & District – Patna, Patna. 3. The Accountant General (A & E), P.O. and P.S. Doranda, District - Ranchi, Jharkhand. 4. The President, District Consumer Forum, Gumla, P.O., P.S. &District - Gumla ... Respondents/Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY --------- For the Appellant(s): Mr. Rahul Saboo, G.P.-II Mr. Gaurang Jajodia, A.C. to G.P.-II Mr. Sushant Kumar, A.C. to S.C.-II For the Pvt. Respts: Mr. Mohan Kumar Dubey, Advocate For the State of Bihar: Mr. S.P. Roy, G.A. For the A.G. : Mr. Sudarshan Shrivastava, Advocate --------- -3 of 4- 29/Dated: 06.01.2025 M. S. Ramachandra Rao, C.J. (Oral) I.A. No. 7633 of 2019 in L.P.A. No. 410 of 2013 1. This Interlocutory Application has been filed for substitution of legal heir of original respondent No.1- Ram Bahadur Mukhiya, who died during pendency of the appeal. 2. In view of the pleadings made in the Interlocutory Application, I.A. No. 7633 of 2019 is allowed. Office to do the needful. L.P.A. No. 393 of 2011, L.P.A. No. 322 of 2013, L.P.A. No. 410 of 2013 and L.P.A. No. 414 of 2013. 3. The issue raised in these appeals is covered by the judgment rendered by the Patna High Court on 23.03.2009 in C.W.J.C. No. 8860 of 2002 as also the judgment dt. 08.04.2005 in C.W.J.C. No. 8111 of 2003. 4. The questions considered in those cases are identical to the questions considered in the instant appeals i.e. whether the respondents whose services were made available by the State Government and who were then posted in the District Consumer Forums would render their appointments in the said Forums ‘fresh appointments’ or it is simply a case of ‘transfer/absorption’ in the District Forum. 5. In both the above cited decisions, the Patna High Court has taken the view on identical facts that there was no fresh appointment of the respective respondents in the State Government on the winding up of the Bihar State Food and Civil Supplies Corporation and it was only a case of transfer/deputation to the State Consumer Commission and that this -4 of 4- view is also fortified by the fact that the last pay certificate as well as service book were directed to be updated and forwarded. 6. In LPA No. 393 of 2011, the long service of the Writ Petitioner from 19.01.1976 to 07.04.1997 was not taken into account for computation of his pension on his retirement from service on 31.05.2007. Similar is the situation in the other LPAs as well where the respondents’ services in Bihar State Food and Civil Supplies Corporation were not counted towards their pension on their retirement as employees of the Consumer Fora. 7. The learned Single Judge, in the judgment impugned in LPA No. 393 of 2011, has rightly accepted the plea of the respondents granting relief on the basis of the above decisions of the Patna High Court wherein a similar view has been taken. 8. Therefore, for reasons alike as in judgment rendered by the Patna High Court on 23.03.2009 in C.W.J.C. No. 8860 of 2002 as also the judgment dt. 08.04.2005 in C.W.J.C. No. 8111 of 2003, we do not find any merit in these appeals. 9. Accordingly all appeals are dismissed. There shall be no order as to costs. 10. Pending interlocutory application, if any, stands disposed of. (M. S. Ramachandra Rao, C.J.) (Gautam Kumar Choudhary, J.) APK/VK