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2001 DIGILAW 683 (JHR)

Ghasi Ram Gope v. State Of Jharkhand

2001-09-20

SUDHANSU JYOTI MUKHOPADHAYA

body2001
ORDER S.J. Mukhapadhaya, J. 1. According to the petitioner, he is working as choukidar (Night Guard) on daily wage since 1982 in the Office of Range Officer, Saranda Forest Division, Marketing Area, Barajamda, West Singhbhum. H grievance is that the respondents have not yet considered his case for regularisation against an appropriate Class-IV post. 2. The counsel for the petitioner relied on an order passed by this Court on 27th March, 2001 in the case of Md. Irfan (WPC 2840 of 1999 (R)). In the said case, the Court taking into account that the petitioner of the said case having been working on daily wage for the last 19 years, directed the respondents to regularise service of such petitioner forthwith. 3. It will be evident from the guidelines by the State, vide Memo No. 5940 dated 19th June, 1993 that the State Government has decided to give weightage to daily wage employees appointed prior to 1st August, 1985 over the outsiders. It has also been ordered to give appropriate age relaxation in case of over-age. 4. In the facts and circumstances, the case is remitted to the respondents to decide the issue. If the petitioner is continuing on daily wage, the Respondents are prohibited to continue with the ad hoc arrangement, but are directed to fill up the post on regular basis. In such case, if the petitioner is found to be working on daily wage, his case should be considered for regular appointment against Class IV post, giving preference over outsiders. 5. A decision, in this respect, be taken, procedure if requires, be completed and final order be communicated to petitioner within four months from the date of receipt/production of a copy of this order. 6. The petitioner will produce a copy of this order before the Principal Chief Conservator of Forest, Ranchi; Divisional Forest Officer, Saranda State Trading Division, Chaibasa and the Range Officer, Saranda Forest Division, Marketing Area, Bara Jamda, West Singhbhum, who are to ensure compliance. 7. The writ petition stands disposed of. 8. Petition disposed of accordingly.