Jharkhand High Court
Amit Kumar Yadav Aged About 40 Years Son ... vs State Of Jharkhand Through Principal ... on 6 October, 2021
Author: S.N. Pathak
Bench: S.N.Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 2989 of 2020
1. Amit Kumar Yadav aged about 40 years son of Shri Arjun Prasad Yadav,
resident of Village- Bohra, P.O.-Sarba, P.S.-Pauraiyahat, District-Godda.
2. Vinay Kumar Mishra aged about 45 years son of late Sanjay Mishra, resident
of village+ P.O.-Kasba Dudhichak, P.S.-Meharma, District-Godda.
3. Pradip Kumar Jha aged about 45 years son of late Digambar Jha, resident of
Village- Chochak, P.O.- Benarchua, P.S.- Mahagama, District- Godda.
4. Birbal Thakur aged about 39 years son of late Manilal Thakur resident of
Village- Sakri Phulwar (Mahuatand) P.O.+ P.S.-Pauraiyahat, District-Godda
5. Mukesh Kumar aged about 33 years son of Darshan Kuwar resident of
Barabandh, P.O.- Gandhigram, P.S.-Pathargama, District-Godda. ...
... ... Petitioners
Versus
1. State of Jharkhand through Principal Secretary, Medical Education and Family
Welfare Department having its office at Project Bhawan, P.O.-Dhurwa, P.S.-
Jagarnathpur, District-Ranchi.
2. Joint Secretary, Medical Education and Family Welfare Department having its
office at Project Bhawan, P.O.- Dhurwa, P.S.-Jagarnathpur, District-Ranchi.
3. Director, AYUSH having its office at P.O.+P.S.-Namkon District-Ranchi.
4. Principal, State Homeopathic Medical College and Hospital, P.O.+P.S.-
Parsapani, District-Godda. ... ... .... Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
(Through: Video Conferencing)
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For Petitioners : Mr. Abhay Kr. Mishra, Advocate
For the Resp.-State : Mr. Kaushik Sarkhel, Advocate
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04/ 06.10.2021 Petitioners have approached this Court seeking directions upon
the respondents to immediately take decision on the recommendation made by the Principal i.e respondent no.4 whereby a proposal has been sent to the Director Ayush, i.e respondent no.3 to regularize the services of the writ petitioners who are working at the Godda Homeopathic Medical College.
02. The fact of the case in short as has been delineated in the writ petition is that pursuant to the notification No. 60(3), dated 31.03.2002, a decision has been taken by the state authority for opening of Homeopathic Medical College at Godda and consequently letter no 48/04 dated 05.03.2004 has been issued by respondent no.4 in the name of respondent no.1 for sanction and approval for appointment of the staff for smooth functioning of the said college. Accordingly, vide letter no.304 dated 24.03.2005 approval was granted by the government to 2 all the appointment made by the respondent no.4. and after approval petitioners were appointed and working at said college with effect from 05.03.2003 as daily wages workers. However, later on vide Memo no. 63(1) dated 09.03.2006 a direction has been passed to remove all the employees who were working on the sanctioned post as daily wages workers and the aforesaid direction were communicated to petitioners also vide Memo no 42 dated 15.04.2006(Annexure-
4).
Thereafter petitioners preferred a writ application before this Court bearing WP(S) no. 3045 of 2006 wherein the validity of Memo no 42 dated 15.04.2006 has been challenged. The aforesaid writ petition was disposed of by the coordinate Bench of this Court vide order dated 01.08.2006 with a direction to the respondents not to disturb the petitioners till regular appointment which will be made within three months and if such appointments are made, petitioners shall be removed from service, if they are not appointed on the regular post. However in compliance of the said order nothing has been done by the respondents, then a contempt Application No.720 of 2006 has been filed by the petitioners, thereafter vide letter no.(3) dated 09.07.2007 the petitioners were allowed to work on their respective posts and consequently vide letter no 81 dated 09.07.2007(Annexure-8) all the petitioners rejoined on their respective post. Meanwhile the state government in the light of judgment rendered by Hon'ble Apex Court in the case of Uma Devi formulated a policy for regularization of the employee which was notified by the state government vide gazette notification no.130 dated 13.02.2015. In the light of aforesaid policy decision, the Joint Secretary i.e. respondent no.2 vide letter no.350(20) dated 13.09.19 written to Principal and Director to forward the application so that the services of petitioners be also regularized with consequential benefit (Annexure-12). In regard of aforesaid direction, the Principal i.e. respondent no.4 vide letter no. 434 dated 23.09.19 has recommended the name of the petitioners for regularization with consequential benefit (Annexure-13), however in spite of the recommendation of the respondent no.4 petitioners were not regularized till date. Hence this writ is filed.
03. Learned counsel appearing for the petitioner submits that the case of the petitioners is squarely covered under the scheme and when state Government itself has sent a letter and taken decision for regularizing the services of the writ petitioners and as such there is no legal impediment to regularize the services of the petitioners with all consequential benefit. Learned counsel further submits that 3 the petitioners are working regularly since 2004 on sanctioned post and appointment procedure has been initiated by the Principal in accordance with law, therefore this writ petition may be allowed.
04. Per contra counter affidavit has been filed. Learned counsel appearing for the respondents submits that in terms of the conditions as stipulated in Jharkhand Service Regularisation Rule, 2015, Department of Personnel, Administrative Reforms and Rajbhasha, the process of regularization of working staff/employees in the State Homeopathic Medical College and Hospital, Godda who have been continuously rendering their services for last 10 years is under consideration in the light of notification no. 4871 dated 26.06.19 of the Department of Personnel, Administrative Reforms and Rajbhasha Government of Jharkhand.
5. Be that as it may, having gone through the submissions of the parties and on perusal of the records, it transpires that process of regularisation of services of petitioners is under consideration, stipulation to that effect has been made at para-13 of the counter affidavit filed by the respondent No.1 and 2 which reads as under:-
13..........the process of regularization is under consideration of the working irregular staff/employees in the State Homeopathic Medical College and Hospital, Godda who have been continuously rendering services for last 10 years in light of the notification no.4871 dated 26.06.2019 of the Department Personeel, Administrative Reforms and Rajbhasha, Government of Jharkhand and the letter no.5535 dated 12.07.2019."
Hence at this juncture it will not be proper to interfere in the aforesaid drive, however respondents are directed to take a decision for regularisation within a period of 12 weeks from the date of receipt of copy of this order.
6. Resultantly, this of writ petition stands disposed of.
(Dr. S.N. Pathak, J.) Rohit/-