Narayan Ram, son of late Gango Ram Nayak v. Rajendra Institute of Medical Sciences
2017-04-25
SHREE CHANDRASHEKHAR
body2017
DigiLaw.ai
ORDER : Counter-affidavit dated 25.04.2017 filed on behalf of the respondent-RIMS taken on record. 2. With multiple prayers, the petitioners, seven in number, have approached this Court. 3. Prayer for regularization in terms of Regularization Rules of 2015 issued through Notification dated 13.02.2015 cannot be granted, for the reason that though, the petitioners have claimed that they are working against vacant sanctioned post of Ward-boy/ Ward-attendant, but somewhere from 2014. They have not completed continuous ten years' service. 4. Previously, the petitioners were engaged through a contractor in the year 2002 as Lift-operator. Their own stand in the writ petition reveals that they were sent for Specialized Liftman Training Course in Manual and Auto-door Elevators conducted by Essar Skymark (India) P. Limited, Kolkata. They continued to work under the contractor at least till 25.04.2006 and thereafter, they were engaged on daily-wages as Lift-operators under RIMS. They continued to work as Lift-operators at least till 12.11.2014. The petitioners have asserted that subsequently, they were engaged as Ward-boy/ Ward-attendant on daily-wages. 5. In the counter-affidavit, the respondents have produced a copy of letter dated 08.04.2017 which reflects that in its 43rd meeting held on 14.02.2017 the Governing Body of RIMS has taken a decision to engage eight persons who were previously engaged as Lift-man, on daily-wages. Merely, because a large number of posts of Ward-boy/Ward-attendant are vacant, the petitioners cannot claim regularization in terms of Regularization Rules of 2015. One of the essential conditions in Notification dated 13.02.2015 is that an employee should have been appointed against a vacant sanctioned post and has continued and completed 10 years of continuous service. The petitioners do not fulfill the aforesaid conditions. 6. Another prayer in the writ petition is directed against a decision of the Governing Body of RIMS taken in its 41st meeting wherein a decision was taken to remove the petitioners. They are seeking a direction upon the respondents to permit them to continue as ad-hoc/temporary/daily-wagers. In view of the decision of the Governing Body reflected in letter dated 08.04.2007, this prayer stands satisfied. Prayer seeking payment of back-wages also stands satisfied, as would reflect from the said letter dated 08.04.2017. 7. No other contention has been raised by the learned counsel for the petitioners, however, the matter cannot be closed at this stage. 8.
In view of the decision of the Governing Body reflected in letter dated 08.04.2007, this prayer stands satisfied. Prayer seeking payment of back-wages also stands satisfied, as would reflect from the said letter dated 08.04.2017. 7. No other contention has been raised by the learned counsel for the petitioners, however, the matter cannot be closed at this stage. 8. The number of vacant posts in RIMS give a shocking picture of the state of affairs at RIMS. Against total sanctioned 596 posts only 193 regularly appointed persons are working. About 60 persons have been engaged on daily-wages as Cook, Gardener, Sweeper, Skilled Mazdoor, Carpenter etc. An institute which claims a repute to its fame is running with 1/3rd of total sanctioned Class-IV staff. There is an urgent need to make appointment on the vacant sanctioned posts. One of the posts is of Ward-attendant, for which there are 433 sanctioned posts. Only 112 regularly appointed Ward-attendants are presently working at RIMS. 9. Mr. A.K. Das, the learned counsel for the petitioners submits that for appointment on Class-IV posts in RIMS the Recruitment Rules of the Government of Jharkhand can be made applicable. Mr. Rajesh Kumar, the learned counsel for the respondent-RIMS accepted that no separate rules/regulations under RIMS Act, 2002 have been framed for appointment of Class-IV employees. The Director, RIMS is present in the Court. Considering the prior engagements of the Jharkhand Staff Selection Board, to a Court's query, whether the Jharkhand Academic Council (JAC) can conduct recruitment exercise for Class-IV employees for RIMS, Mr. Rajesh Kumar, after getting information, stated that JAC can undertake the aforesaid exercise. 10. Accordingly, it is ordered that an advertisement for appointment on all necessary vacant sanctioned Class-IV posts shall be issued by JAC within 2 months, on a requisition of RIMS. All necessary documents, number of different category of posts etc. shall be transmitted by RIMS to JAC, within 4 weeks. Only to indicate, merit-list shall be prepared on the basis of marks obtained in the qualifying examination, that is, Matriculation (10th), however, the serving daily-wagers shall be granted age-relaxation. It is expected that the entire exercise shall be completed within six months. In case of any difficulty, the respondents may file an appropriate application for direction. 11. The writ petition stands disposed of, with the aforesaid directions.