Vibha Lal vs Jharkhand Police Housing Corp. Ltd. & ... on 18 January, 2018

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Jharkhand High Court

Vibha Lal vs Jharkhand Police Housing Corp. Ltd. & ... on 18 January, 2018

Bench: S. N. Pathak

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               W.P.(S) No. 3791 of 2017
                                     ------

     Vibha Lal                                            ....     ....     Petitioner
                                      Vs.
     Jharkhand Police Housing Corp. Ltd. & Ors.           .....    ....     Respondents


     CORAM:       HON'BLE MR. JUSTICE DR. S. N. PATHAK
                                   -----
     For Petitioner       : Mr. A.K. Sahani, Advocate
     For Respondents      : JC to AG
                                   -----

10/ 18.01.2018 It has been submitted by learned counsel for the petitioner that the petitioner confines his prayer with regard to prayer No. 1, which is for quashing the NIT No. 04/2017-18 issued under letter No. CE/2566/612 (WE) dated 04.06.2017 (Annexure-6) so far it relates to the exclusively highly skilled post of Data Entry Operator.

It is the case of the petitioner that after following the selection process and on the basis of decision of the competent authorities, vide letter dated 22.02.2007, the petitioner was appointed to the post of Computer Data Entry Operator w.e.f. 01.02.2007 and subsequent thereto, the petitioner gave her joining to the said post and is still continuing as such. Thereafter, the Executive Engineer by its letter dated 15.07.2013, constituted a Committee for the purpose of disposal of the Public Grievance Cell (Chief Minister Jan-Samwad Kendra) where the petitioner was also made a member to it to work under the Nodal Officer till date. Subsequently, vide letter dated 29.10.2013, the Nodal Officer authorized the petitioner to participate in the training programme and thereafter vide letter dated 20.06.2016, the respondent No. 4 issued a certificate of satisfaction that the petitioner has been working with the respondent No. 1 as Computer Operator on daily wages basis since 01.02.2007 till date. It is the further case of the petitioner that on 30.05.2017, the petitioner made a representation before the respondent No. 1 with a request for regularization of her service. The said representation of the petitioner was sent to the respondent Nos. 2 and 4 for needful. It is the specific case of the petitioner that subsequently by letter dated 14.06.2017, the respondent No. 3 purported to have issued NIT No. 04/2017-18 inviting open tender, amongst others, for the supply of manpower including the post of highly skilled post of Data Entry Operator. Aggrieved by the said Notice Inviting Tender (NIT) the petitioner has approached this Court.

At the very outset, learned counsel for the petitioner submits that this writ application is squarely covered by the judgment delivered on 18.01.2018 by this Hon'ble Court in W.P.(S).No.6524 of 2017 with W.P.(S).No.6538 of 2017. Learned counsel further submits that this case may be disposed of in terms of aforesaid cases.

Learned counsel appearing on behalf of the respondents submits that the respondents have no objection if this writ petition is disposed of in view of the directions given in W.P.(S).No.6524 of 2017 with W.P.(S).No.6538 of 2017.

In view of the fair submissions made by the learned counsel for the parties, this writ application is being disposed of in terms of the directions issued by this Hon'ble Court in W.P.(S).No.6524 of 2017 with W.P.(S).No.6538 of 2017.

As a cumulative effect of the aforesaid observations, rules, guidelines, I hereby quash and set aside NIT No. 04/2017-18 issued under letter No. CE/2566/612 (WE) dated 04.06.2017 (Annexure-6). The respondents are directed to consider the case of the petitioner for continuation on the post subject to availability of vacant post in the Department. The respondents are further directed not to disturb the petitioner from working on the post of computer Data Entry Operator till the final decision of regular appointment is taken. The respondents are free to initiate process for regular appointment through open competition to the post of computer Data Entry Operator and also to give opportunity to the petitioner by giving relaxation of her age, if required, for participating in the regular appointment in accordance with law. Let it be made clear that engagement of petitioner being contractual in nature, it would be governed by its terms and conditions. The respondents are further directed to undertake recruitment process to such post in a regular manner as per policy decision of the respondent-State taken in that regard.

With the above observation and direction, this writ application stands disposed of.

(Dr. S.N. Pathak, J.) kunal/-

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