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2008 DIGILAW 1333 (JHR)

Arun Kumar v. State of Jharkhand

2008-11-26

AJIT KUMAR SINHA

body2008
Order This writ petition has been preferred by the petitioner for issuance of a writ in the nature of mandamus, commanding upon the respondents, specially respondent no. 4, to regularize the service of the petitioner, who is working as Work Charge Employee since 17.11.1987 and prior to that he was working on Muster Roll basis on the post of Godown Chowkidar. Further prayer has been made for a direction upon the respondents to pay the salary of the petitioner, which is due since December, 2000 alongwith other consequential reliefs. 2. Specific case has been made out that the petitioner is still working and is entitled to be regularized. 3. I am informed by the respondent State that the salary of the petitioner has been paid till 2003. However, that does not suffice since it is to be paid up to date when the respondents are taking work from him. 4. Be that as it may, the issue with respect to regularization has been replied by the respondents at paragraph no. 7 of the counter affidavit, which is as under: "That it is stated that a meeting was held on 4.12.2000 under the Chairmanship of Chief Secretary, Jharkhand Ranchi and it was decided to regularize the Work Charge Staff according to availability of vacancy, seniority, roster and reservation policy." 5. Thus, there is no denial with regard to entitlement but the only ground, which has been taken by the respondents, is that the same is subject to availability of vacancy. 6. Learned counsel for the petitioner further submits that at paragraph no. 11 (a) of the writ petition he has cited certain example in which even the juniors, who were Work Charge Employees, have been regularized. 7. Prima facie it appears that it was so done under the order of the Court. 8. Be that as it may, this issue is no more res integra, as has been conclusively decided by a Full Bench of this Court in the case of Ram Prasad Singh vs. State of Jharkhand, as reported in 2005(3) J.C.R. 9 (Jhr.) [ : 2005(3) JLJR 38 ] (FB), wherein the ratio of the judgment has been laid down in paragraph no. 16 and the first direction is set out as under:- "16. 16 and the first direction is set out as under:- "16. xx xx xx (i) The work-charged employees, who have completed more than five years of continuous service against one post in the work-charged establishment and otherwise eligible, have a right of consideration of their cases for taking over their services in the permanent (regular) establishment, irrespective of their dates of appointment. But the work-charged employees, working on daily wages, not holding any post are not so entitled. xx xx xx" 9. In view of the ratio laid down by the Full Bench of this Court, as aforesaid, the respondents are directed to consider the case of the petitioner for regularization of service in a permanent (regular) establishment and take a decision within a period of two months from the date of receipt of a copy of this order. 10. It is further directed that the balance salary of the petitioner for the period during which he has worked should also be cleared within the said period. 11. This writ petition is, accordingly, allowed but without any order as to costs.