Mr. A.K. Das vs Unknown
2021 Latest Caselaw 3034 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P.(S) No.5282 of 2014
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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner :Mr. A.K. Das, Adv. For the Res.-State :Mr. Rohan Kashyap, Adv. For the Res. No.2 :Mr. A. K. Mehta, Adv. For the Res. No.5 : Mr. Dr. Ashok Kumar Singh, Adv.

Through:- Video Conferencing

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10/23.08.2021 Heard Mr. Dr. Ashok Kumar Singh, learned

counsel for the respondent No.5 and Mr. Amit Kumar Das,

learned counsel for the petitioner.

2. Mr. Dr. Ashok Kumar Singh learned counsel for

the respondent No.5 submits that the University has

complied the order as passed by the Hon'ble Apex Court to

the effect that the appointment of other persons were made

on the sanctioned post. The Hon'ble Apex Court

emphatically mentioned in their order that there are 955

posts which are intended to be regularized and this must

be done in regard to those who were at the relevant point of

time in the employ of the University and the moment the

turns of these petitioners came they were regularized. He

further contended that the grievance of the petitioners

which has been raised for the first time in 2011 is hit by

delay and laches, inasmuch as, when the other persons

were regularized at that moment itself the petitioners

should have moved before this Court.

He further cited several judgments which are as

follows:-

(i) (2014) 4 SCC 108

(ii) (2008) 10 SCC 115

(iii) (2006) 11 SCC 464

(iv) (2019) 2 JBCJ 9 HC

3. Per-contra Mr. A K. Das, learned counsel for the

petitioner submits that from Annexure-3 & 4 it clearly

transpires that the persons, who were regularized, were

appointed subsequent to these petitioners and as such they

were junior to them and the Hon'ble Apex Court has never

given option to regularize the junior persons. He further

referred two names where the persons were appointed on

the compassionate ground, however on the point of delay

and laches he seeks liberty to file some ruling.

4. Prayer is allowed.

5. Put up this case on 02.09.2021 for further

hearing.

(Deepak Roshan, J.)

Fahim/-