Nirmal Singh, son of late Sundar Singh v. Jharkhand State Mineral Development Corporation
2022-04-12
SANJAY KUMAR DWIVEDI
body2022
DigiLaw.ai
JUDGMENT : This petition has been filed for command upon the respondents to give the benefits of the order dated 23.11.1991 and 30.09.1993 whereby a decision has been taken to regularize all the daily wages employees particularly since the petitioners are working from 19.07.1977 till now. Mr. Saurabh Shekhar, the learned counsel appearing for the petitioners submits that the petitioners’ service regularized by order dated 08.01.2015 which is on record at Annexure-16 of the supplementary affidavit. He draws the attention of the Court to the order dated 31.08.2016 passed in W.P.(S) No.2156 of 2015 and submits that the coordinate Bench has also directed to regularize the similarly situated persons and also directed to give all dues and the benefit to the petitioners of that case so that they may not be discriminated as per the criteria of ‘Secretary, State of Karnataka vs. Uma Devi’ in terms of order passed by the Hon’ble Supreme Court. He referred to the order passed by this Court in C.W.J.C. No.2035 of 1994 (R) wherein it has been held that the respondent Corporation was directed to give all the benefits of the petitioners arising out of its office order vide Memo No.161/1981 contained at Annexure-9 even during pendency of the enquiry by the State Government positively within a period of eight weeks from the date of communication/production of that order. He further submits that by the order dated 08.01.2015 similarly situated persons and the petitioners have been regularized. He further submits that the petitioners of W.P.(S) No.2156 of 2015 have already been provided benefits by the respondents and the petitioners in this petition have been left out whereas the case of the petitioners stand on similar footing. Mr. Manoj Kumar, the learned G.A.-III appearing on behalf of the respondent- Jharkhand State Mineral Development Corporation submits that the order is under challenge in L.P.A. No.746 of 2016. He further submits that the case of the petitioners has not been considered in the light of the judgment of Hon’ble Supreme Court in the case of ‘Uma Devi’. In reply, Mr.
Manoj Kumar, the learned G.A.-III appearing on behalf of the respondent- Jharkhand State Mineral Development Corporation submits that the order is under challenge in L.P.A. No.746 of 2016. He further submits that the case of the petitioners has not been considered in the light of the judgment of Hon’ble Supreme Court in the case of ‘Uma Devi’. In reply, Mr. Saurabh Shekhar, the learned counsel appearing for the petitioners submits that so far the stay matter in the L.P.A is concerned that has been rejected by the Division Bench of this Court by order dated 07.11.2017 and this order is under challenge before the Hon’ble Supreme Court in Special Leave to Appeal No.9017/2018 and dismissed the challenge made in the appeal before the Hon’ble Supreme Court and he submits that in view of rejection of the stay matter in the Hon’ble Supreme Court the petitioners are entitled for the benefits as the similarly situated persons have been provided. He further submits that the persons who are junior to the petitioners have been provided the benefit whereas the petitioners have been left out. Mr. Manoj Kumar, the learned counsel submits by way of referring the order dated 04.07.2012 passed in W.P.(S) No.844 of 2003 that so far as petitioner no.2 is concerned he has been permitted in that case to withdraw the petition in view of ‘Uma Devi’ for filing appropriate petition before the concerned Department. In view of the above facts and considering the submissions of the learned counsel appearing for the parties it appears that the case of the petitioners are covered in the light of the judgment delivered by this Court in W.P.(S) No.2156 of 2015, the persons junior to the petitioners have been provided the benefit and considering the matter of stay which travelled up to the Hon’ble Supreme Court, there is no impediment in disposing of this petition in the light of the directions issued in W.P.(S) No.2156 of 2015. So far as the submission of Mr.
So far as the submission of Mr. Manoj Kumar, the learned G.A. appearing for the respondent Jharkhand State Mineral Development Corporation Ltd. with regard to petitioner no.2 is concerned, i.e., withdrawal of W.P.(S) No.844 of 2003 is concerned has got no bearing as thereafter the decision has been taken by the concerned Department by order dated 08.01.2015 wherein the name of the petitioner is also disclosed as the Department itself has taken decision to pay remuneration to the persons whose name has been disclosed in the said order dated 08.01.2015. Since the Jharkhand State Mineral Development Corporation Ltd. has also taken decision by order dated 08.01.2015 contained in Annexure-16, this petition is disposed of directing the respondent Jharkhand State Mineral Development Corporation Ltd. to give all due benefits to the petitioners arising out of office order dated 08.01.2015 contained in Annexure-16 to the supplementary affidavit even during pendency of the enquiry by the State Government, if any, positively within a period of 8 weeks from the date of communication/production of this order. W.P.(S) No.2835 of 2014 stand disposed of. I.A., if any, also stand disposed of.