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2018 DIGILAW 389 (JHR)

Ram Babu Singh v. State of Jharkhand

2018-02-15

RONGON MUKHOPADHYAY

body2018
ORDER : 1. Heard Mr. Prabhash Kumar, learned counsel appearing for the petitioner and Mr. Prashant Kumar Singh, learned J.C. to S.C.-V appearing for the respondents. 2. In this application, the petitioner has prayed for a direction upon the respondents to consider the case of the petitioner for regularization on the post of Typist/Clerk under the respondent No.4 on the ground that the petitioner is working as a daily wager since 23.03.1982 without any break and the petitioner is also suffering from 40% disability of deafness. 3. It has been stated by Mr. Prabhash Kumar, learned counsel for the petitioner that even the respondents admit that the petitioner is working as a typist/computer operator, since 23.03.1982 without any break. Learned counsel submits that similarly situated daily wager, namely. Mt Shahid Hassan Khan has been regularized pursuant to the order of this Court which was affirmed up to the Hon'ble Supreme Court. Learned counsel submits that the petitioner having put in continuous service of 35 years deserves to be regularized in his post. Learned counsel has also submitted that the Service Regularization Rules has come into effect from the year 2015 and that the petitioner comes within the purview of consideration for regularization. 4. Learned J.C. to S.C. V has opposed the prayer made by the petitioner. 5. The factual aspect of the case reveals that the petitioner was appointed on the post of typist/computer operator on 23.03.1982 by the Conservator of Forest, State Trading Circle-2. Daltonganj and since then he is discharging his duty in the said circle. The petitioner also appears to be 40% deaf and comes under the category of physically disabled candidate. 6. Since certain persons were appointed on regular basis, the petitioner and others affected persons had challenged the same in C.W.J.C. No. 861 of 1989(R) and this Court had allowed the said writ petition with a direction to the concerned respondents to fill-up the posts within a period of six months and during that period the respondent Nos. 7 to 10 in the writ petition shall be allowed to continue on an ad hoc basis without any right to be appointed against the said post. Pursuant to the order passed by this Court an advertisement was published on 20.11.1990 for filling up the vacant post of clerk/typist in the office of Conservator, State Trading Corporation, Daltonganj, Palmalu, Circle-2. 7 to 10 in the writ petition shall be allowed to continue on an ad hoc basis without any right to be appointed against the said post. Pursuant to the order passed by this Court an advertisement was published on 20.11.1990 for filling up the vacant post of clerk/typist in the office of Conservator, State Trading Corporation, Daltonganj, Palmalu, Circle-2. The petitioner in terms of the advertisement had applied and he was also called upon to appear in the typing test. However, it is the case of the petitioner that the persons who had not even applied for such posts were considered and they were allowed to sit in the said examination and also appointed to the said posts of clerk/typist. Even though the petitioner was physically disabled candidate and he was working on daily wages, but he was not appointed in the Circle Office on the post of clerk/typist. 7. Learned counsel in course of argument has referred to I.A. No. 3503 of 2015 filed by him in order to substantiate his contention that the petitioner is still continuing in service as daily wager without any break since 23.03.1982. One Md. Shahid Hassan Khan who was working on daily wages with effect from 01.07.1980 and who was not regularized by the department had moved this Court vide W.P.(S) No. 5884 of 2001 in which considering the counter-affidavit as well as the fact that several persons were earlier regularized, this Court has passed the following order : "5. In view of this limited submission and looking to the fact that the petitioner is working on the vacant post of clerk from 1st July 1980, as per annexure 5 to the memo of the petition and looking to Annexure-B to the counter-affidavit, i.e. circular dated 18th July, 1993, it appears that services of those employees, who were appointed prior to 1st August, 1985, can be regularized. Moreover, there is also a direction in the Letters Patent Appeal bearing L.P.A. No. 649 of 2002, which Is at Annexure A to the supplementary counter-affidavit, decided on 21st January, 2005 to the effect that preference should be given to daily wagers for absorption in regular services. 6. Moreover, there is also a direction in the Letters Patent Appeal bearing L.P.A. No. 649 of 2002, which Is at Annexure A to the supplementary counter-affidavit, decided on 21st January, 2005 to the effect that preference should be given to daily wagers for absorption in regular services. 6. In view of this circular dated 18th July, 1993 and decision rendered by the Division Bench of this Court in L.P.A. No. 649 of 2002, I, hereby direct respondent No. 2 to regularise the services of the present petitioner within a period of three weeks from the date of receipt of a copy of this order.” 8. The State of Jharkhand had preferred an appeal which was dismissed and the matter was also went to the Hon'ble Supreme Court and the order passed by the Writ Court was affirmed and subsequent thereto services of the petitioner was regularized. 9. It is the case of the petitioner that the Service Regularization Rules had come into effect vide Notification dated 13.02.2015 and for the purposes of regularization the criteria laid down includes within its ambit, the case of the petitioner. However, it appears that the claim for regularization of the petitioner has not been properly appreciated by the concerned respondents. 10. In such view of the matter, therefore this writ petition is disposed of with a liberty to the petitioner to file a representation before the respondent No. 1 (Principal Secretary, Department of Forests and Environment, Government of Jharkhand, Ranchi) who shall consider the claim of the petitioner for his regularization and shall also take into note the order passed in W.P.(S) No. 5884 of 2001 as well as the Service Regularization Rules of the year 2013 and thereafter passed a reasoned and speaking order within a period of twelve weeks from the date of submission of representation by the petitioner. It goes without saying that, if the claim of the petitioner is admitted, necessary orders to that respect shall follow immediately after the reasoned order is passed. 11. This writ application stands disposed of. Pending I.A. also stands disposed of. I.A. disposed of.