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2025 DAILYLAW 8900 (JHR)

RIMIL TOPNO v. JHARKHAND URJA VIKAS NIGAM LIMITED THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR

WPC/2106/2025 · 2025-07-14

Deepak Roshan

body2025

Judgment text

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2025:JHHC:19206 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2106 of 2025 1. Rimil Topno, aged about 42 years, Son of Late Jiwan Topno, Resident of H. No. 941/J Chanakya Nagar, P.O. & P.S. Chutia, District - Ranchi, Jharkhand - 834001. 2. Satish Kumar, aged about 49 years, Son of Late Hari Lal, Resident of Mohalla, Khasganj, P.O. & P.S. Sohsarai, District - Nalanda, Bihar-803118 3. Sumit Kumar Gupta, aged about 42 years, Son of Hira Lal Sahu, Resident of Swarth Sadan, Opposite Mano Balram Bhavan, Upper Hatia Road, P.O.-Hatia, P.S.-Jagarnathpur, District-Ranchi, Jharkhand - 834003. 4. Raju Kachhap, aged about 42 years, Son of Karma Oraon, Resident of Village Lem, P.O. Baragain, P.S.-Sadar, District-Ranchi, Jharkhand - 834009. 5. Dharmbeer Singh, aged about 40 years, Son of Kameshwar Prasad Singh, Resident of Qr. No. 56/2/2, Road No. 2, Bagbera Colony, P.O.- Tata Nagar, P.S.-Bagbera, District -East Singhbhum, Jharkhand. 6. Ashwini Kumar Kachhap, aged about 43 years, Son of Mani Kachhap, Resident of Morhabadi Khijuria Toli, P.O. & P.S. - Bariyatu, District - Ranchi, Jharkhand - 834009. 7. Kiran Kumari, aged about 41 years, Daughter of Late Ramdhari Ram, Resident of Qr. No. C/9, Kusai Colony, P.O. & P.S.-Doranda, District- Ranchi, Jharkhand-834002. 8. Awadhesh Kumar, aged about 43 years, Son of Jai Prakash Paswan, Resident of Sail City, New Pundag, P.O. & P.S.-New Pundag, District - Ranchi, Jharkhand. 9. Kumar Sambhav, aged about 43 years, Son of D.P. Shrivastava, Resident of Shri Ram Krishna Enclave, Flat No. 101 'A' Vikash Nagar Road No. 09, Singh More, Latma Road, P.O.-Hatia, P.S.-Jagarnathpur, District - Ranchi, Jharkhand 834003. 10. Atilesh Gautam, aged about 41 years, Son of Umesh Prasad Barnwal, Resident of Flat No. 101 A, Block-1, Narayan Enclave Apartment, Amethiya Nagar, Near Shiv Mandir, Namkum, P.O. & P.S.-Namkum, District- Ranchi, Jharkhand-834010. 11. Vishal Anand, aged about 46 years, Son of Diwa Shankar Prasad, Resident of Circular Road, Opposite K.C. Roy Memorial Hospital, Shardapuri, Lalpur, P.O. & P.S.-Lalpur, District - Ranchi, Jharkhand - 834001. 12. Bali Ram Oraon, aged about 41 years, Son of Dhani Oraon, Resident of Hehal Bagicha Toli, P.O.-Hehal, P.S.-Sukhdeonagar, District - Ranchi, Jharkhand - 834005. 13. Sandeep Kumar Tirkey, aged about 44 years, Son of Late Etwa Oraon, Resident of H. No. 173, Sarhul Nagar, Bariatu Road, P.O.- RIMS, P.S.- Bariatu, District-Ranchi, Jharkhand - 834009 14. Gaurav Kumar, aged about 39 years, Son of Chitranjan Kumar, Resident of Q. No. DT 2006, Near Panchwati Maidan, P.O. & P.S.- Dhurwa, District-Ranchi, Jharkhand-834004 2025:JHHC:19206 2 15. Praveen Kujur, aged about 43 years, Son of Peter Kujur, Resident of Behind Shayma Devi School Kathal More, P.O. & P.S.-Ratu, District - Ranchi, Jharkhand - 835222. 16. Manoj Hembrom, aged about 44 years, Son of Amin Hembrom, Resident of Village-Mahul Pahari, P.O.-Mahul Pahari, P.S.-Shikaripara, District - Dumka, Jharkhand-816118. 17. Manoj Marshal Murmu, aged about 45 years, Son of Mishil Murmu, P.O.-Shivpahar, P.S.-Dumka, District - Dumka, Jharkhand -814101. 18. Ajay Kant Jha, aged about 44 years, Son of Late Rama Kant Jha, Resident of Mahua Dangal, Near Electric Colony, P.O. & P.S.- Dumka, District - Dumka, Jharkhand-814101. ... … Petitioner(s) Versus 1. Jharkhand Urja Vikas Nigam Limited through its Chairman-Cum- Managing Director, having its office at Engineering Building, P.O. & P.S.- Dhurwa, District - Ranchi. 2. Jharkhand Urja Sancharan Nigam Limited through its Managing Director, having its office at Kusai Colony, Doranda, P.O. & P.S.-Doranda, District - Ranchi. 3. Jharkhand Urja Utpadan Nigam Limited through its Managing Director, having its office at Engineering Building, P.O. & P.S. -Dhurwa, District - Ranchi. 4. Jharkhand Bijli Vitaran Nigam Limited through its Managing Director, having its office at Engineering Building, P.O. & P.S. -Dhurwa, District - Ranchi. 5. General Manager (P & GA), Jharkhand Urja Vikas Nigam Limited, having its office at Engineering Building, P.O. & P.S. -Dhurwa, District - Ranchi 6. General Manager (HR), Jharkhand Urja Sancharan Nigam Limited, having its office at Kusai Colony, Doranda, P.O. & P.S. - Doranda, District - Ranchi. 7. General Manager (HR), Jharkhand Urja Utpadan Nigam Limited, having its office at Engineering Building, P.O. & P.S. -Dhurwa, District - Ranchi. 8. General Manager (HR), Jharkhand Bijli Vitaran Nigam Limited, having its office at Engineering Building, P.O. & P.S. - Dhurwa, District-Ranchi 9. Ranjan Kumari, aged about 39 years, wife of Rajesh Kumar, resident of Flat No. 2A, Block-A, Arihant Residency, Chesire Home Road, PO & PS- Bariyatu, District-Ranchi 10. Raju Mahtha, aged about 40 years, son of Jai Narayan Mahtha, permanent resident of 102 Omkara Hills, Amethiya Nagar, PO and PS- Namkum, Ranchi … … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Amritansh Vats, Advocate 2025:JHHC:19206 3 For the Respondent-JBVNL : Mr. M. K. Dubey, Standing Counsel For the Intervenor(s) : Mr. Rupesh Singh, Advocate -------- Order No. 04 /Dated: 14th July 2025 Reply to I.A No. 8678 of 2025 filed on behalf of the proposed intervener is tendered in the Court by the learned counsel for the petitioner. 2. Taken on record. I.A No. 8678 of 2025 3. This interlocutory application has been filed for intervention/impleadment as party-respondent no.9 and 10 who are as follows: 1. Ranjan Kumari, aged about 39 years, wife of Rajesh Kumar, resident of Flat No. 2A, Block-A, Arihant Residency, Chesire Home Road, PO & PS-Bariyatu, District-Ranchi 2. Raju Mahtha, aged about 40 years, son of Jai Narayan Mahtha, permanent resident of 102 Omkara Hills, Amethiya Nagar, PO and PS-Namkum, Ranchi 4. Looking to the averments made in this application and the prayer made in the instant writ application, I.A No. 8678 of 2025 is allowed. 5. Let necessary correction be carried out in the memo of parties by learned counsel during course of the day. W.P.(S) No. 2106 of 2025 6. The instant writ application has been preferred by the petitioner for the following reliefs: “(i) For issuance of an appropriate writ(s), order(s) or direction(s) in the nature of mandamus commanding and directing upon the respondents to grant the notional appointment from the date of appointment of similarly situated employees i.e. 16.11.2009 recruited through common recruitment process being Advertisement Notice No. 01 of 2008 floated by the then Jharkhand State Electricity Board (JSEB) with all consequential benefits like increments etc., as per their merit in the selection process irrespective of their date of joining since the same was not under their control. AND/OR (ii) For issuance of such other writ, order or direction as Your Lordships may deem fit and proper for doing conscionable justice to the petitioners.” 2025:JHHC:19206 4 7. After some argument, learned counsel for the petitioner submits that suffice it would be to allow this petitioner to approach the concerned respondent who shall decide the issue in accordance with law and also in the light of judgment dated 24.09.2024 passed in W.P.(S) No. 4007 of 2022. 8. Learned counsel for the concerned respondent does not have any objection. 9. Learned counsel for the intervenor fairly submits that if the petitioner approaches the concerned respondent, he shall also hear the intervenor in order to finalize the seniority as claimed by the petitioner. 10. Having regard to the aforesaid submission of learned counsel for the rival parties, the instant writ application is hereby disposed of by giving liberty to the petitioner to approach the concerned respondent and file a fresh representation along with all relevant documents and judgments to be relied upon by him. If any such representation is preferred before the concerned respondent, he shall look into the matter and after verification of records and after giving hearing to contesting parties including the intervenor, shall take a decision in the matter in accordance with law and applicable Rules and Regulations by passing a reasoned and speaking order. The entire exercise shall be completed within a period of 12 weeks. After passing of the reasoned order, necessary benefits shall also be extended to the petitioner within a further period of 4 weeks. 11. As a result, the instant writ application stands disposed of in the manner indicated hereinabove. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) Amit