Jharkhand High Court
Chandra Shekhar Pandey & Ors. vs State Of Jharkhand & Ors. on 21 January, 2016
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 7712 of 2006
1.Chandra Shekhar Pandey
2.Shyam Sundar Jha
3.Shiv Balak Yadav
4.Chhito Ranjan Kumar Sinha@ Chhito Ranjan Kumar
5.Manoj Kr. Chatterjee
6.Mahindra Mandal
7.Ashok Kr. Das
8.Krishna Kumar Das
9.Ramanand Prasad ....... Petitioners
Vrs.
1. The State of Jharkhand
2.The Commissioner cum Secretry, Dept. of Personnel
Administrative Reforms and Rajbhasha, Govt. of Jharkhand, Ranchi
3.Engineer-in-Chief, Public Health Engineering Dept, Ranchi
4.The Chief Engineer(Mechanical), Public Healt Engineering Dept.,Ranchi
5.The Executive Engineer(Mechanical),P.H.E.D.,Sahibganj
..... Respondents
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioners: Mr.Rajendra Prasad Gupta
For the Respondents : M/s Chandra Prabha, S.C.IV
Rohit, J.C to S.C.IV
13/21.01.2016Heard learned counsel for the parties.
2. These 9 petitioners, as per the admission of the respondents made in counter affidavit also, are working on Muster Roll / Daily Wage from the date of their engagement prior to 1.8.1985 as Pump Khalasi. Since December, 2003 they are being paid the minimum scale of pay along with other allowances admissible to other State Government employees. Respondents have denied availability of sanctioned vacant post to undertake the process of regularization of these petitioners in terms of letter no. 5940 dated 18.6.1993. Petitioners had earlier approached this Court in W.P.S. No. 3406 of 2001 where the matter was remitted for consideration, which was decided by a reasoned order bearing memo no. 5040 dated 23.12.2003 where under finding difficulty in regularizing all these petitioners, they were given minimum scale of pay. Petitioner had earlier relied upon resolution of 1993 in support of their claim.
3. Respondents do clearly state that these petitioners have never been regularized though they are getting the minimum scale of pay. It is brought to the notice of this Court that Regularization Rules, 2015 have been framed by the Respondent- Government as notified by the -2- Department of Personnel, Administrative Reforms and Rajbhasha on 13.2.2015. As per the said rule, consideration for regularization of daily wager/ temporary employees would be made who have worked for more than 10 years or more by the cut off date 10.4.2006 subject to satisfaction of other laid down conditions therein.
4. If that be so, respondents can once again consider the claim of the petitioners on their individual representation made duly supported with all the necessary facts and documents. It would be open to the petitioners to show the availability of sanctioned vacant post in the respondent- department for the purpose of consideration of their cases. Petitioners should therefore approach the competent authority under the respondents / respondent no.3, Engineer-in-Chief, Public Health Engineering Department, Government of Jharkhand, Ranchi through proper channel of respondent no.5, the Executive Engineer(Mechnical), P.H.E.D, Sahibganj for consideration of their case by way of detailed representations.
Needless to say that upon such representation being made, upon scrutiny of individual cases, if the petitioners satisfy the eligibility conditions prescribed under 2015 Rules, the matter be placed before the Committee duly constituted under the Rules of 2015 for taking a decision on the question of regularization in accordance with law within a reasonable time.
5. The writ petition is disposed of with the aforesaid observations and directions. However the observations made hereinabove should not be treated as comment upon the merit of the claim of the petitioners. Pending I.A. also stands disposed of.
(Aparesh Kumar Singh, J.) A. Mohanty