Jharkhand High Court
Sharma Mehtar vs The State Of Jharkhand on 3 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 384 of 2020
Sharma Mehtar, aged about 36 years, S/o Late Kunkun Mehtar,
Resident of Mohalla- Gandhinagar, Gohrighat, P.O., P.S. & District-
Godda, Jharkhand ... Petitioner
-Versus-
1. The State of Jharkhand
2. The Secretary, Jharkhand State Electricity Board, Ranchi, P.O., P.S. &
District- Ranchi, Jharkhand
3. The Electrical Superintending Engineer, Electricity Supply Division,
Deoghar, Jharkhand Bijli Vitran Nigam Limited (JBVNL), P.O., P.S. &
District- Deoghar, Jharkhand
4. The Electrical Executive Engineer, Electric Supply Division, Godda,
Jharkhand Bijli Vitaran Nigam Limited (JBVNL), P.O. Godda, P.S.
Godda (T), District- Godda, Jharkhand ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Pankaj Kumar Choudhary, Advocate
For the Respondents : Mr. Manoj Kumar, Advocate
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04/03.02.2021. Heard Mr. Pankaj Kumar Choudhary, learned counsel for the petitioner
and Mr. Manoj Kumar, learned counsel for the respondents.
2. This writ petition has been heard through Video Conferencing in view
of the guidelines of the High Court taking into account the situation arising
due to COVID-19 pandemic. None of the parties have complained about any
technical snag of audio-video and with their consent this matter has been
heard on merit.
3. The petitioner has preferred this writ petition for direction to the
respondents to regularize the service of the petitioner and to provide him
pay scale of Sweeper/Peon.
4. The petitioner was engaged initially as a Sweeper in the Jharkhand
State Electricity Board now JBVNL (Jharkhand Bijli Vitran Nigam Limited) in
the year 2002 on temporary basis on the sanctioned post of Sweeper. The
petitioner has sent an application on 04.06.2011, which was forwarded by
respondent no.4 to respondent no.3 with regard to remuneration of the
petitioner. In the said application dated 04.06.2011, the petitioner has
stated his grievance that he is working as a Sweeper contingent/part-time
labour on four places and getting only one wage of Rs.2,200/- per month
and similarly situated Sweeper at Deoghar is getting wage of Rs.6,600/- per
month.
5. Learned counsel for the petitioner submits that the petitioner has filed
several representations, contained in Annexure-4 Series, but no decision has
been taken as yet by the respondents. He further submits that the case of
the petitioner is required to be considered by the respondents in light of the
judgments rendered by the Hon'ble Supreme Court in the case of
Narendra Kumar Tiwari & Ors. v. The State of Jharkhand & Ors. ,
reported in (2018) 8 SCC 238 and in the case of Sheo Narain Nagar &
Ors. v. State of Uttar Pradesh & Ors., reported in (2018) 13 SCC 432.
6. Mr. Manoj Kumar, learned counsel for the respondents submits that
the petitioner may be directed to file a fresh representation before
respondent no.4, who will decide the same in accordance with rules,
regulations and guidelines.
7. In view of the above facts and considering the submissions of the
learned counsel for the parties and also considering the fact that the
representation of the petitioner has not been decided as yet by the
respondents, the petitioner is directed to file a fresh representation before
respondent no.4 with all the credentials including the judgments, as stated
herein above, within a period of three weeks from today. If such
representation is filed within the aforesaid period, respondent no.4 shall
take a decision in accordance with rules, regulations and guidelines,
considering the judgments as indicated above and pass a reasoned order
within a period of eight weeks thereafter.
8. With the above observations and directions, this writ petition stands
disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
