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Jharkhand High Court · body

2008 DIGILAW 805 (JHR)

Ashok Kumar v. State of Jharkhand

2008-07-24

D.G.R.PATNAIK

body2008
Order Heard the counsel for the parties 2. In this writ application, the petitioner has prayed for direction to the respondents for regularization of the petitioner's service to the post of driver on the ground that he is working on the said post on daily wage basis from 11.3.1995. Further prayer has been made for issuance of direction to the respondents to pay salary to the petitioner from December, 2000 till date during which the petitioner has worked and also to make payment of his salary for the current months. 3. The case of the petitioner is that initially, he was appointed as a driver under the Executive Engineer in BPDP works division on 11.3.1975 and he is continuously working as a Driver in the said department to the satisfaction of the superiors and since his appointment till November, 2000 he was given salary. Later the petitioner had filed application for his regular appointment on the post of Driver against existing vacancies in the department. It is further stated that though the parent department in which the petitioner was employed is Rural Development Department and the REO Works Division, but his services were placed in different departments including as Driver of Hon 'ble Ministers of the State, but despite the fact that the petitioner still continues to render his services as driver, his services have not been regularized. 4. Counter affidavit has been filed on behalf of the respondents. 5. In para-7 of the counter affidavit, it is stated that allotment has not been received and therefore arrears of salary of the petitioner could not be paid since December, 2000. In paragraph-9 of the counter affidavit, it is stated that the petitioner used to be engaged on daily wage basis w.e.f. 1.1.1996 to 31.3.1997 and from 1.8.1997 to 24.3.2003 6. Controverting the contentions regarding the continuity of service, the petitioner has adverted to Annexure-4 which is a statement issued by the authorities of the petitioner's department wherein it is acknowledged that the petitioner had been in service since June, 1996 till 29.11.2000. 7. It appears from the above annexure that it has been admitted by the respondent that the petitioner rendered his services since June, 1996 till 29.11.2000 and he is entitled to salary for that period. 7. It appears from the above annexure that it has been admitted by the respondent that the petitioner rendered his services since June, 1996 till 29.11.2000 and he is entitled to salary for that period. His further contention is that though he is renderinig service after 2000 till date, but in the counter affidavit, it has neither been admitted nor has not been specifically denied by the respondents. 8. The claim that the petitioner's salary could not be paid due to non-availability of fund cannot be treated as a genuine ground for denying payment of salary to the petitioner. 9. Under such circumstances, the respondents are directed to pay the arrears of salary to the petitioner for the period he had rendered service and which IS legitimately due for payment. 10. In view of the above, the petitioner is directed to file a fresh representation claiming arrears of salary and explaining in detail the basis of his claim mentioning the period during which he rendered service and against which arrears of salary is due, and within three months from the date of receipt, the concerned respondents authority shall dispose of the same by a reasoned and appropriate order. 11. As regards prayer for regularization of service, the petitioner's claim is that he rendered service for more than 12 years but till date he is continuing as daily wage driver. The petitioner's representation to this effect shall also be considered by the respondents in the light of the observations made by the Supreme Court in para-53' of the judgment in the case of Uma Devi reported in 2006(4) SCC 1 [: 2006(2) JLJR (SC)282]. 12. With the above direction this application is disposed of.