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2004 DIGILAW 207 (JHR)

Hemant Kumar Mishra v. State Of Jharkhand

2004-02-24

AMARESHWAR SAHAY

body2004
ORDER Amareshwar Sahay, J. 1. The prayer of the petitioner in this writ petition is for direction to the respondents to regularize the service of the petitioner who worked as part time Chemist from 7.8.1990 to 25.2.1991 and then he is continuously working from 1.3.1994 on the same post on a meagre sum of Rs. 1,500/- per month by way of Honorarium. 2. Further prayer of the petitioner is that he should be given the salary as per new scale admissible to Chemist i.e. Rs. 5000-8000 w.e.f. 1.1.1996 and also the arrears of the salary worth Rs. 21,000/-because he has been paid Rs. 1.200/- instead of Rs. 1,500/- per month since March 1994 to October, 1999. 3. The case of the petitioner is that post of Chemist against which he is working is a sanctioned post and he is working on the same post since long and therefore, he is entitled to regularize on the said post. 4. The stand of the respondents in the counter affidavit is that though the post of chemist against which the petitioner is working is a sanctioned post but the petitioner was appointed only on part time basis in view of the letter of the State Government dated 18.12.1993 which provides that appointment on part time basis from the lecturer/ Lab. Assistants of the School/College of the district with clear instructions that the person so appointed on contractual basis will be removed soon after regular appointment on such post is made by the Public Service Commission with a further condition was that part time appointee will have to conduct hundred numbers of water sample tests per month with fifteen parameters, out of these hundred water sample tests, eighty chemical and twenty bacteriological tests were directed to be done and the monthly remuneration for which was fixed Rs. 1,500/-. 5. The stand of the respondents is further that the petitioner was engaged on a contractual basis as a part time Chemist and post of the chemist can only be filled up through Public Service Commission who is competent to make recruitment against the post of chemist. This has not been denied or disputed by the petitioner. 6. As the bacteriological tests were not undertaken, hence amount of remuneration was reduced from Rs. 1,500/- to 1,200/-. Accordingly it is submitted by the respondents that the service of the petitioner cannot be regularized. 7. This has not been denied or disputed by the petitioner. 6. As the bacteriological tests were not undertaken, hence amount of remuneration was reduced from Rs. 1,500/- to 1,200/-. Accordingly it is submitted by the respondents that the service of the petitioner cannot be regularized. 7. In view of the position that the post of the chemist can only be filled up through Public Service Commission, in my view no relief for regularization on the post of Chemist can be granted to the petitioner. 8. However, since the post of Chemist is a sanctioned post and for which no steps has been taken by the Government of Jharkhand for filling up the said post and therefore, the State Government is directed to take all steps to fill up the post of Chemist through Public Service Commission as early as possible. 9. So far as the arrears towards monthly payment as claimed by the petitioner is concerned, the petitioner is at liberty to make representation in that regard before the concerned authority and if such representation is filed, the same may be disposed of by a reasoned order in accordance with law as expeditiously as possible. 10. With the above observations and directions this writ petition is disposed of.