Jharkhand High Court
Shiv Shankar Choudhary vs The State Of Jharkhand & Ors on 27 January, 2020
Author: S.N. Pathak
Bench: S.N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 7603 of 2017
Shiv Shankar Choudhary ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N. PATHAK
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For the Petitioner : Mr. Jitendra Pandey, Advocate
For the Respondents : A.C. to G.P. II.
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Order No.06: Dated: 27 January, 2020
th
Per Dr. S.N. Pathak, J.:
1. The petitioner has approached this Court with a prayer for payment of post retiral benefits as he had continuously worked to the post of Khalasi in the Department of PHED, Seraikela Kharsawan.
2. Earlier the petitioner moved in this Court in W.P.(S) No. 4342 of 2002 and this Court vide order dated 04.03.2003 directed the respondents to take decision regarding regularisation of the petitioner and other similarly situated daily wages employees who were working since 1st August, 1985 for their regular appointment as per the State Government Resolution No. 5940 dated 18th June 1993 against appropriate class IV post, giving preference over outsiders and relaxation of age, preferably within six months from the date of receipt/production of a copy of this order. It was further observed that in absence of vacancies, if respondents are not in a position to consider the case for regular appointment within six months, their case will be considered against the vacancies as may occur in future. It is also directed that if the respondents are not in a position to consider the case for regular appointment within six months, they will consider the question of payment of wages in the minimum of scale of pay on the post on which they are performing duties and other admissible allowances. But, till date no decision has been taken in view of the order passed by this Court on 04.03.2003.
3. From perusal of the counter affidavit filed by the Accountant General, it appears that respondent has already authorized to issue pension and revised pension in favour of the petitioner vide application no. 1016062871 dated 20.10.2016 and application no. 1517079079 dated 20.12.2017 respectively, as the petitioner is aggrieved by non-fixation of pension and also payment of retiral dues as per entitlement.
4. On the other hand, learned counsel for the respondent State submits that as the services of the petitioner was not regularised therefore, he is not entitled for any terminal benefits. Learned counsel draws the attention of the Court towards the various paragraphs of the counter affidavit and submits that in view of the resolution of the State Government regarding regularisation, the service of the petitioner cannot be regularised due to non- availability of sanctioned post in the regular establishment and thus the petitioner is not entitled for post retiral benefits. Learned counsel for the respondents further submits that Department of Personnel & Administrative Reforms and Rajbahasha Department, Government of Jharkhand has issued Regularisation Rule 2015 and in view of that Rule the petitioner is not entitled for regularization. The contention of learned counsel for the respondent is not accepted to this Court rather the same is mis-conceived as the resolution dated 13.02.2015 has already been quashed and set aside. The respondents should have come with a fresh resolution, but, nothing has been brought on record to show as to whether the respondent State has considered the case of the petitioner for regularisation in view of the order passed by this Court in W.P.(S) No. 4342 of 2002. An employee who has worked in the department for more than 35 years, appointed prior to 1985 cannot be denied regularisation and terminal benefits.
5. Let the respondent State file a detailed counter affidavit as to why the case of the petitioner is not considered in view of the order dated 04.03.2003 passed in W.P.(S) No. 4342 of 2002 and as to whether the petitioner is entitled for terminal benefits or not.
6. Put up this case after three weeks.
(Dr. S.N. Pathak, J.) MM