Jharkhand High Court
Mahesh Rajak And Anr vs Health on 16 June, 2016
Author: H.C.Mishra
Bench: H.C.Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 5767 of 2014
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1. Mahesh Rajak
2. Ranjit Majhi .... Petitioners
-Versus-
1. The State of Jharkhand
2. The Principal Secretary, Department of Health,
Medical Education and Family Welfare, Ranchi
3. Director in Chief, Health Services, Govt. of Jharkhand, Ranchi
4. Superintendent, M.G.M. Medical College and Hospital,
Jamshedpur ..... Respondents
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioners : : M/s. Nivedita Kundu
For the Respondents : : M/s. Prashant Kr. Singh
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3/ 16.06.2016. The petitioners are working as Assistant Cook and Cook respectively, in M.G.M. Medical College and Hospital, Jamshedpur on contract basis. Initially they were appointed on contractual basis on the fixed stipend of Rs.1,500/- and Rs.2,000/- per month respectively, by the order contained in Annexure-1 series. The contract services of the petitioners were being extended from time to time, and the petitioners are still working on contract basis.
The case of the petitioners is that the petitioners are still working on contract basis only, though the posts are sanctioned, but their services have not been regularised by the State Government, but the State Government has come out with a Notification dated 30.01.2014 framing rules for regularisation of the services of Para Medical staff, engaged on contract basis, which has been brought on record as Annexure-5 to the writ application.
The petitioners had also moved this Court earlier for the same relief and their earlier writ application was disposed of by order dated 17.09.2013 passed in W.P.(S) No. 7404 of 2012, which has been brought on record as Annexure-4 to the writ application, in which the operative portion reads as follows:-
"In view of the Constitution Bench judgement, petitioners, in the instant case have failed to make out a case for directing the respondents to consider the case for regularisation of their services. If the respondents, however come out with any scheme for such regularisation, it would be open for the petitioners to stake their claim for such regularisation in service based upon their engagement for more than 10 years. However, in the present writ petition no relief can be granted.
Accordingly, the writ petition is disposed of with the aforesaid direction."-2-
The rules for regularisation of services of Para Medical staff, as contained in Annexure-5 to the writ application, have been framed after disposal of the aforesaid writ application of these petitioners, but still no scheme has been framed for regularisation of the services of these persons working on contract basis though such scheme has been framed for regularisation of the services of the other Para Medical employees.
The Superintendent, M.G.M. Medical College and Hospital, Jamshedpur has also forwarded an application for regularisation of services of the petitioners to the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand on 24.09.2014, but it appears that no decision has been taken on the said letter, which has been brought on record as Annexure-7 to the writ application.
Though learned counsel for the State has filed counter-affidavit in the matter, but it is absolutely silent on the point as to what steps have been taken by the State Government on Annexure-7 and he is also not in a position to inform the Court as to why, when the State Government has framed rules for regularisation of the services of the similarly situated Para Medical staff, but no rules have been framed with respect to the post relating to the petitioners.
Learned counsel for the State seeks permission to filed supplementary counter-affidavit in the matter after seeking instructions on the point as to what steps have been taken by the State Government on the letter of the Superintendent, M.G.M. Medical College and Hospital, Jamshedpur as contained in Annexure-7 to the writ application, as also on the point that when the State Government has framed rules for regularisation of the services of the similarly situated Para Medical staff, why the petitioners are being deprived from the same benefit.
Put up on 22.07.2016 for filing reply of State on both these points. Let a copy of this order be made available to the learned counsel for the State for the needful.
(H.C.Mishra, J.) D.S.