RANCHI, India, Nov. 6 -- Jharkhand High Court issued the following order on Oct. 6:

1. For the reasons stated in the Interlocutory Application, which is duly supported by an affidavit of the appellant, we find sufficient cause to condone the delay of 99 days that has crept up in filing the Letters Patent Appeal.

2. Accordingly, the aforesaid delay is condoned. This Interlocutory Application stands disposed of. L.P.A. No. 277 of 2023 with L.P.A. No. 356 of 2023

3. The appellant(s), who were the writ petitioners, approached this Court with a common prayer, seeking direction to the respondents to treat them as Government employees having State Government Cadre with all consequential benefits in light of Resolution No. 4916 dated 07.09.2005 as available to the Government employees and not to treat them as employees of the District Rural Development Agency (DRDA). The writ petitions filed by the petitioners were dismissed by the learned writ Court constraining the writ petitioners to file the present appeals.

4. On 29.07.2025, the Court after hearing the arguments passed the following orders:-

"1) We have gone through the record of the case and found that as many as 70 Extension Officers (Industries and Commerce) and 18 Statistical Investigators working in different DRDAs in the State were absorbed by the State Government with effect from the date of issuance of its notification dated 17.02.2011, then why the writ petitioner has been singled out is not forthcoming.

2) Confronted with this, learned counsel for the respondent prays for a week's time to obtain instruction.

3) List on 12.08.2025."

5. In compliance of the aforesaid orders, respondent Nos. 6 to 9 have filed the supplementary counter affidavit which goes to indicate that the case of the petitioners does not fall within the purview of Resolution No. 4916 dated 07.09.2005 as none of the petitioners was working on the post of Statistical Investigator/Extension Officer in the District Rural Development Agency, Sahibganj and the writ petitions itself clearly stipulate that the same shall be applicable only in the cases of Statistical Investigators/Extension Officers working in the District Rural Development Agency. Obviously, when the petitioners/appellants rely upon the aforesaid resolution and the cases do not fall within the said resolution, then no fault can be found with the judgment rendered by the learned writ Court which has categorically held, the resolution to be applicable only to the cases of the Statistical Investigators/Extension Officers.

6. The further contention of the appellants that since the Drivers/Peons who were also Class-IV employees like the Statistical Investigators/Extension Officers and therefore, the resolution to be made applicable to their cases also, to say the least the argument is fallacious apart from the merit list merely because Driver/Peon fall in the Class-IV, the resolution which is based upon certain deliberations and is outcome of such deliberations cannot be made applicable to the petitioners that too by the Court only on the premise that they belong to the Class-IV like Statistical Investigators/Extension Officers. The job profile and requirements are required to be seen by the employer and it is not for the Court to substitute its wisdom for that of the employer.

7. Having said so, we find no merit in these appeals and the same are accordingly, dismissed. Pending Interlocutory Applications stands disposed of.

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