Jharkhand High Court
Bhushan Prasad Singh & Anr vs State Of Jharkhand & Ors on 1 September, 2017
Author: Ananda Sen
Bench: Ananda Sen
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 6649 of 2011
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1. Bhushan Prasad Singh son of late Ishwari Pd. Singh, resident of village
Simaria, P.O. Simaria, P.S. Rajdhanwar, Distt. Giridih.
2. Sona Mahto son of late Lodha Mahto, resident of Village Gangapur, P.O.,
P.S. O.P. Purana, (Rajdhanwar), Distt. Giridih.
... Petitioners
-versus-
1. The State of Jharkhand.
2. The Secretary, Deptt. Of Drinking Water and Sanitation, Govt. of Jharkhand
at Nepal House, Doranda, P.O. Hinoo, P.S. Doranda, Distt. Ranchi.
3. The Engineer in Chief, Deptt. Of Drinking Water and Sanitation, Govt. of
Jharkhand at Nepal House, Doranda, Ranchi.
4. The Superintending Engineer, Drinking Water and Sanitation Circle, P.O.
and P.S. Dhanwar, Dist. Giridih.
5. The Executive Engineer, Drinking Water and Sanitation Division, No.2, P.O.
P.S. and Dist. Giridih.
... Respondents
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN
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For the Petitioners : Mr. Prakash Chandra Roy, Advocate
For the Respondents : J.C. to SC V
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6 / 01.09.2017These two petitioners have approached this Court praying for regularisation of their services. Petitioners are working as a Nalkoop Khalasi and were appointed on Daily Wage Basis. After completion of 240 days of service, they were enrolled in the Work Charge Establishment. These petitioners claim that they are at least working since 1986. The documents annexed with this writ application, i.e., Annexure 1, suggests that name of these petitioners were forwarded for considering their cases for regularisation also.
2. The counsel appearing for the petitioners submits that as on date these petitioners are still working. He submits that in terms of judgment of the Hon'ble Supreme Court in the case of State of Karnataka versus Umadevi(3) reported in (2006) 4 SCC 1, the State Government has formulated a scheme for regularisation and the case of the petitioners are squarely covered by the scheme and the respondents should consider their case for regularisation.
23. The counsel appearing for the respondents admitted that these petitioners were initially appointed on Daily Wage Basis and thereafter in the year 1991, their case was recommended for absorption in Work Charge Establishment. He submits that posts are not vacant.
4. After hearing the parties and on perusal of the records, prima facie it suggests that the petitioners are working at least from 1986. The State of Jharkhand has formulated a scheme as per the directions of the Hon'ble Supreme Court in the case of Umadevi (supra) for regularisation of services of the casual and daily wage employees.
5. Since the Government has already framed a scheme, I direct the petitioners to file a representation before the respondent No.2 - Secretary, Department of Drinking Water & Sanitation, State of Jharkhand within four weeks from today annexing all the documents, which the petitioners are relying upon. On receipt of such representations, the concerned respondent will consider the case of the petitioners strictly in terms of the scheme formulated by the State Government, pursuant to the directions of the Supreme Court in the case of Umadevi (supra), and shall pass a reasoned and speaking order within 8 (eight) weeks from the date of receipt of representation. If the order of respondent No.2 finds favour with the petitioners, necessary consequential orders should also be passed and communicated to the petitioners forthwith.
6. With the aforesaid observations and directions, this writ application is disposed of.
( Ananda Sen, J.) Kumar/cp-02