JUDGMENT : ANUBHA RAWAT CHOUDHARY, J. 1. Learned counsel for the parties are present. 2. This writ petition has been filed for the following reliefs: “(i) For direction to the Deputy Commissioner, Deoghar (Respondent No. 5) to consider the case of the petitioners for regular appointment absorption/regularization of service on the vacant posts of Class-IV against in Deoghar Collectorate as the respondents are taking work from the petitioners uninterruptedly on fixed monthly wages since last more than 15-23 years, after granting proper age relaxation to the petitioners taking into consideration the fact that on the verbal assurances given by the Deputy Commissioner, Deoghar time to time for their regular appointment/absorption/regularization of service against the vacant Class-IV posts in Deoghar District, as the petitioners, while working on fixed monthly wages basis since last more than 15-23 years, have crossed the maximum age limit fixed for Govt. job waiting for his regular appointment/absorption/regularization of service against the vacant Class-IV posts in Deoghar District after taking final decision on the last joint representation dated 28.8.2022 (Annexure-10) filed by the petitioners and others, which is still pending before the Respondent No. 5 for final decision, (ii) For grant of such other relief/reliefs for which the Petitioners would be entitled in the facts and circumstances of the case set-forth in the writ application.” 3. Learned counsel for the petitioners has submitted that vide Government letter dated 03.12.1980 the procedure/direction was issued for making appointment of all class-IV posts in district level and further direction was issued vide letter dated 26.05.1987 as contained in Annexure-1 and Annexure-2 of the writ petition. He has further submitted that before the bifurcation of the State of Bihar, the then Deputy Commissioner, Deoghar on 03.08.1999 inaugurated Nandan Pahar, Deoghar as a tourist place in Deoghar district and as such appointed several persons including the petitioners on fixed monthly wage to look after day today maintenance of park and affairs of Nandan Pahar. 4. He has further submitted that before the bifurcation of the State of Bihar, the then Deputy Commissioner, Deoghar on 03.08.1999 inaugurated Nandan Pahar, Deoghar as a tourist place in Deoghar district and as such appointed several persons including the petitioners on fixed monthly wage to look after day today maintenance of park and affairs of Nandan Pahar. 4. The background with regard to each of the petitioners, as mentioned in the writ petition are as under: (i) The petitioner No. 1 namely Chandra Bhushan Prasad having qualification of Intermediate Pass was appointed on 3.8.1999 on fixed monthly wages basis as Guard/Ticket Seller (Class-IV) by the then Deputy Commissioner, Deoghar and at present posted on the same post under Deoghar Collectorate under the Deputy Commissioner, Deoghar (Respondent No. 5) and such he is uninterruptedly working on daily wages basis since 3.8.1999 till date i.e. more than 23 years to the entire satisfaction of all the authorities concerned. (ii) The petitioner No. 2 namely Siya Ram Roy was also appointed on 3.11.2003 having qualification of Matric Pass was appointed on fixed monthly wages basis Rs. 1800/- per month as Boating Guard/Cycle Parking Guard (Class-IV) by the then Deputy Commissioner, Deoghar and at present posted on the same post under Deoghar Collectorate under the Deputy Commissioner, Deoghar (Respondent No. 5) and such he is uninterruptedly working on daily wages basis since 3.11.2003 till date i.e. since last more than 19 years to the entire satisfaction of all the authorities concerned. (iii) Similarly, the petitioner No. 3 namely Govind Yadav was appointed on 21.12.1999 on daily wages basis as @ Rs. 1800/- per month as Aquarium Guard (Class-IV) by the then Deputy Commissioner, Deoghar and at present posted on the same post under Deoghar Collectorate under the Deputy Commissioner, Deoghar (Respondent No. 5) and such he is uninterruptedly working on daily wages basis since 21.12.1999 till date i.e. more than 23 years to the entire satisfaction of all the authorities concerned. 1800/- per month as Aquarium Guard (Class-IV) by the then Deputy Commissioner, Deoghar and at present posted on the same post under Deoghar Collectorate under the Deputy Commissioner, Deoghar (Respondent No. 5) and such he is uninterruptedly working on daily wages basis since 21.12.1999 till date i.e. more than 23 years to the entire satisfaction of all the authorities concerned. (iv) Similarly the petitioner No. 4 namely Nandan Sarkar was appointed as Guard (Class-IV) on 1.8.2007 on fixed monthly wages basis @ Rs.2225/- per month after death of only bread earner of his family i.e. his father namely Gopal Sarkar, who was posted as gardener(Class-IV), by the then Deputy Development Commissioner, Deoghar and at present posted on the same post and as such he is uninterruptedly working on daily wages basis since 1.8.2007 till date i.e. more than 15 years to the entire satisfaction of all the authorities concerned as daily wages employee waiting for his regularization/regular appointment against the vacant and sanctioned post of Peon (Class-IV) under Deoghar Collectorate. 5. Learned counsel further submits that the requisition was sent by the Deputy Commissioner, Deoghar by letter dated 14.03.2005 for roster clearance of vacant post of class-IV employees and the Commissioner, Santhal Pargana Division, vide his letter dated 24.03.2005 sent the roster clearance of 50 vacancies in class-IV posts in Deoghar Collectorate. He submits that the petitioners continued to work; since 2001 the Deputy Commissioner, Deoghar has not published any Advertisement for regular appointment on the vacant class IV posts in Deoghar District and the petitioners have been working on contractual/daily wage basis against vacant sanctioned Class-IV posts. 6. The learned counsel submits that scheme of regularization of persons like the petitioners have been framed by the State of Jharkhand vide Notification No. 1348 dated 13.02.2015 and Notification No. 4871 dated 20.06.2019 in compliance of various orders passed by the Hon’ble Supreme Court and pursuant to such scheme for regularization, the authorities of the state government were to take steps for regularization of the persons who are covered under the scheme. The learned counsel submits that the petitioners are being paid the honorarium by the Deputy Commissioner and the details of the petitioners and others with regard to payment of honorarium has been mentioned in paragraph 41 of the writ petition which is dated 20.01.2023; the details of vacant sanctioned post has been given in page 42 of this writ petition which is dated 13.03.2021. 7. The learned counsel submits that the petitioners filed their representations for consideration of their case for regularization vide representation dated 28.08.2022 before the Deputy Commissioner, Deoghar but no steps were taken and therefore the petitioners have filed the present writ petition. The learned counsel for the petitioners submits that the petitioners are still working. 8. The learned counsel appearing on behalf of the State while opposing the prayer of the petitioners has submitted that in the year 1999 a committee was constituted for maintenance of Nandan Pahar as amusement park and tourist place under the chairmanship of Deputy Commissioner, Deoghar. The committee was constituted vide memo no. 699 dated 22.04.1999 for the management, development and functioning of Nandan Pahar (Amusement Park). Initially the management of the said Nandan Pahar was given to private operators to run and manage which they continued for a period of three years and thereafter the committee itself started managing the said park and the persons who were engaged by the private operators were continued for the purposes of working in Nandan Pahar, Amusement Park on the basis of fixed monthly payment. She also submits that the Amusement Park is self-financed park and no grant or financial aid is provided for operating the park by the State and income received from the entertainment activity, entry fee etc. are utilized for the payment of honorarium to the persons engaged therein including the petitioners. She has also submitted that neither any recruitment process has been followed nor any kind of appointment on daily wage/contractual employment/regular employment has been undertaken by the respondents. The learned counsel submits that the petitioners cannot be said to be employees of the collectorate and therefore they are not entitled for regularization. 9. She has also submitted that neither any recruitment process has been followed nor any kind of appointment on daily wage/contractual employment/regular employment has been undertaken by the respondents. The learned counsel submits that the petitioners cannot be said to be employees of the collectorate and therefore they are not entitled for regularization. 9. After hearing the learned counsel for the parties and considering the facts and circumstances of this case this Court finds that it is not in dispute that the aforesaid Amusement park belongs to the respondents and it is further not in dispute that the petitioners have been working on payment of honorarium for long years; they have continued to work and the honorarium is being paid to them as apparent from the document contained at page no. 41 of the writ petition ; the vacancy position in connection with Class-IV employees in the collectorate is also apparent from Annexure-9 at Page 42 of the writ petition. The fact that no recruitment process has been undertaken for the class-IV employees in Deoghar Collectorate since 2001 is also not in dispute. 10. The petitioners have filed application before the Deputy Commissioner Deoghar for consideration of their case for regularization as back as on 28.08.2022 but no decision has been taken. 11. This Court is of the considered view that if the claim of the petitioners falls under the scheme for regularization framed by the State of Jharkhand as back as in the year 2015 and also in the year 2019, the claim is required to be considered by the Deputy Commissioner Deoghar or the appropriate committee as contemplated under the said scheme. This court is of the considered view that it is also required to be scrutinized as to the source from which the petitioners are being paid the remuneration and also under whose instructions the petitioners continued to work even after the so-called private contractor discontinued to manage the park. 12. Accordingly, this writ petition is disposed of enabling the petitioners to approach the respondent no. 4 within a period of one month from today by filing a representation with supporting documents with regard to their claim which shall also include the details regarding payment made to the petitioners from time to time and also instructions, if any, issued to the petitioners by one or the other respondents. 13. Upon filing of such representation, the respondent no. 13. Upon filing of such representation, the respondent no. 4 shall look into the grievance of the petitioners and take appropriate steps for consideration of their claim if they are found entitled for regularization in terms of the aforesaid scheme framed by the State of Jharkhand in the year 2015 and 2019. 14. The respondent no. 4 is directed to do the needful by passing a reasoned order within a period of three months from the date of filing of the representation. 15. The reasoned order be communicated to the petitioners through speed post. 16. This writ petition is accordingly disposed of.