RANCHI, India, Jan. 6 -- Jharkhand High Court issued the following order on Dec. 5:

1. The Letters Patent Appeal bearing L.P.A. No. 628 of 2018 is directed against the order dated 14.09.2018 passed in Contempt Case (Civil) No. 704 of 2017 wherein a direction has been passed and by way of one more indulgence four weeks further time was granted to the Chief Secretary to comply with the writ Court's order in its letters and spirit.

2. The relevant extract of the order dated 14.09.2018 passed by the Learned Single Judge in Contempt Case (Civil) No. 704 of 2017 reads here-inunder:-

"8. By an order dated 27.04.2018 passed in I.A. No. 7525 of 2017 filed in L.P.A. No. 482 of 2017, the Hon'ble Division Bench after noticing status of the petitioners, in detail, and finding that they have rendered continuous service to the satisfaction of the employer and no proceeding on an allegation of misconduct was initiated against them, has declined the prayer seeking stay of operation of order dated 03.04.2017 passed in W.P.(S) No. 3973 of 2014. In the same breath, I.A. No. 1517 of 2018 which was filed seeking stay of proceeding in this contempt case has also been dismissed by the Hon'ble Division Bench.

9. Orders passed on different dates in the present proceeding record unconditional undertaking on behalf of the opposite party-Chief Secretary that now the writ Court's order shall be complied. Several affidavits to this effect have also been filed. It is also stated that approval of the Hon'ble Chief Minister has also been taken.

10. On the issue of educational qualification of the petitioners one more thing which needs to be indicated here is that in the proceeding of W.P.(S) No. 3973 of 2014 it was not pleaded by the respondent-State to which cadre the petitioners belong to. What is reflected in the proceeding of the High Level Committee, is contradicted by the appointment letters issued to six petitioners. If this issue has not been examined by the Controlling Department, how appointment letter to other six petitioners has been issued?

11. Records of W.P.(S) No. 3744 of 2016 has been summoned when this contempt case was heard in the pre-lunch session.

12. In W.P.(S) No. 3744 of 2016 an affidavit dated 09.01.2018 has been filed by the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha stating that in different Departments under the Government of Jharkhand different qualifications for appointment on Class-III posts have been prescribed. The Principal Secretary has stated in her affidavit dated 09.01.2018 that the qualifications for appointment on Class-III posts may be, Matriculation, Intermediate, Diploma and Graduation. The same Principal Secretary has filed her affidavit in the proceeding of W.P.(S) No. 3973 of 2014, but, no objection to the qualification of the petitioners was taken.

13. The reason why I am recording the aforesaid facts and the proceedings is that, prima-facie, it appears that inspite of tendering unconditional undertakings (vide I.A.s) on 29.06.2018 and 10.08.2018 and several affidavits filed in this proceeding for complying with the writ Court's order, the opposite party-Chief Secretary does not appear to be moving in the right direction.

14. No doubt, compliance of the writ Court's order shall remain subject to the final decision in L.P.A. No. 482 of 2017, but then the writ Court's order cannot be modified by the opposite party.

15. Mr. Atanu Banerjee, the learned G.A., submits that a final decision in the matter has not been taken and what has been done is to seek a report from the Controlling Department.

16. Be that as it may, the Chief Secretary shall take note of the aforesaid facts.

17. By way of one more indulgence four weeks' further time is granted to the opposite party-Chief Secretary to comply with the writ Court's order in its letters and spirit. 18. Post the matter on 26.10.2018.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrA8LrdtJk07LWZU7mhve4Sw62DSV30lggkgn3pacEmck&caseno=LPA/628/2018&cCode=1&cino=JHHC010335582018&state_code=7&appFlag=)

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