Jharkhand High Court
Bala Prasad Singh vs State Of Jharkhand & Ors. on 30 July, 2012
Author: Alok Singh
Bench: Alok Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4117 of 2005
Bala Prasad Singh ... ... ... Petitioner
Versus
1. The State of Jharkhand through the Secretary,
Department of Drinking Water and Sanitation
(Previously Public Health Engineering Dept.), Ranchi
2. The Regional Chief Engineer, Drinking Water and
Sanitation (Previously Public Health Engineering Dept.), Ranchi
3. The Superintending Engineer, Drinking Water and
Sanitation (Previously Public Health Engineering Dept.),
Singhbhum (West)
4. The Executive Engineer, Drinking Water and
Sanitation Division (Previously Public Health
Engineering Dept.), Singhbhum (East) ... ... Respondents
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
For the Petitioner : Mr. Sunil Kumar Sinha, Advocate
For the State : Mr. Rajesh Kumar, G.P. I
06/30.07.2012Petitioner has approached this Court under Article 226 of the Constitution of India seeking the writ of Mandamus commanding the respondents to regularise the services of the petitioner on the post of Work Inspector, Department of Drinking Water and Sanitation (Previously Public Health Engineering Dept.), Jamshedpur, on which post petitioner is allegedly working with effect from 20.10.1982.
Hon'ble Apex Court in the case of Secretary, State of Karnataka & Ors. Vs. Umadevi & Ors., reported in (2006) 4 SCC 1, in paragraph 53, has held as under : "53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in State of Mysore Vs. S.V. Narayanappa, (1967) 1 SCR 128, R.N. Nanjundappa Vs. T. Thimmiah, (1972) 1 SCC 409 and B.N. Nagarajan Vs. State of Karnataka, (1979) 4 SCC 507 and referred to in para 15 above of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of the courts or of tribunals. The question of regularisation of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularise as a onetime measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularisation, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further bypassing of the constitutional requirement and regularising or making permanent, those not duly appointed as per the constitutional scheme."
Neither learned counsel for the petitioner nor learned counsel for the State are in a position to make statement as to whether any Rule or Regulation or Scheme has been framed by the State for the regularization of those employees, who are working for last so many years as temporary employees or adhoc employees and their initial appointment was not illegal and was irregular only.
Learned counsel appearing for the State submits that let petitioner move a representation before the authorities seeking regularization within 30 days. Thereon, Respondent No. 1 shall pass appropriate order in accordance with law within 90 days, considering the Rules, Regulations or Schemes, if already framed as well as judgment of the Apex Court in the case of Secretary, State of Karnataka & Ors. Vs. Umadevi & Ors.(supra).
Learned counsel for the petitioner states that let present petition be disposed of in the light of the statement made by the learned counsel for the State.
Present petition stands disposed of accordingly.
(Alok Singh, J.) Manish