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2001 DIGILAW 696 (JHR)

Ragho Singh v. State Of Jharkhand

2001-09-26

SUDHANSU JYOTI MUKHOPADHAYA

body2001
ORDER S.J. Mukhopadhaya, J. 1. This application has been preferred by petitioners for regularisation of their services. 2. According to petitioners, they are working on daily wage as Khalasi since 11.5.1982, 1.4.1982. 3.4.1982, 2.4.1983 and 1.9.1982, respectively under the Executive Engineer, P.H.E.D., Adiryapur. It is alleged that the respondents have not yet considered their cases for regularisation/regular appointment, nor they are being paid wages in the minimum of the scale of pay of the post. 3. It was brought to the notice of the Court that the State Government vide Memo No. 5940 dated 18.6.1993 decided to terminate the services of the daily wage employees appointed after 1.8.1985. In respect to those engaged prior to 1.8.1985 and continued for 2-1-0 days in a calendar year, it was decided to give then regular appointment giving preference over outsiders and on appropriate relaxation of age. 4. In the facts and circumstances, to determine as to whether the case of petitioners is similarly situated or not the case is remitted to the Superintending Engineer. P.H.E. Circle, Jamshedpur, who will enquire into the matter. If one or other petitioner is found to be working on daily wage since 1982, case of such petitioner(s) be considered for regularisation or regular appointment against such appropriate class IV post giving preference over outsiders and on relaxation of age within four months from the date of receipt/ production of a copy of this order. 5. If for one or other reason, the authority rejects the claim of one or other petitioner, will forward the ground to such petitioner within the aforesaid period. 6. Further, if the respondents in absence of vacancy, are not in a position to provide regular appointment to those who are working on daily wage basis since 1982-83. He will be liable to receive daily wages total which should come to the minimum the scale of the post plus admissible allowance. 7. The writ petition stands disposed of, with the aforesaid observations/directions.