Suman Kumar vs The State Of Jharkhand;
2022 Latest Caselaw 3217 Jhar

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI

              W. P. (S) No. 5564 of 2019

1. Suman Kumar, son of Girish Chandra Mandal
2. Diwakar Ram, Son of Late Haldhar Ram
3. Bijay Kumar Panday, son of Shiv Shankar Panday
4. Vandana Kumari, daughter of Bhim Ram
5. Neetu Kumari, daughter of Jayprakash Gupta
6. Arvind Kumar, Son of Ram Babu
7. Md. Shamim Akhtar, son of Md. Gulam Rasool
8. Santosh Thakur, son of Late Narayan Thakur
9. Kumar Gautam, son of Gopal Chandra Rao
10.Tapan Gharidar, son of Late Subal Chandra Gharidar
11.Narendra Kumar, son of Uday Shankar Singh
12.Manav Kumar Bharat, Son of Late Ram Hirday Dwivedi
13.Dilip Kumar, son of Late Prabhu Das
14.Ratan Das, son of Rohit Chandra Das
15.Prakash Chandra Pandey, so of Churamani Pandey
16.Ranbir Kumar Das, son of Dhanjay Das
17.Digambar Prasad Singh, son of Sudhir Prasad Singh
18.Rohit Kumar Singh, son of Late Swarth Prasad Singh
19.Chandra Shekhar Prasad Verma, son of Late Chaturgun Prasad
   Verma
20.Ashok Kumr Yadav, son of Shital Prasad Yadav
21.Kewal Prasad, son of Late Belu Mahto
22.Prabhakar Prakash, son of Late Sanatan Thakur
23.Uday Shankar Pandey, son of Late Mohan Lal Pandey
24.Satyam Kumar Singh, son of Ramesh Chandra Singh
25.Sundram Kumar, son of Ram Krishna Singh
26.Subodh Kumar Gaurav, son of Chandra Shekhar Das
27.Janardan Prasad Yadav, son of Sri Devi Mohto
28.Shiwam Kumar Singh, son of Ram Krishna Singh
29.Himanshu Shekhar, son of Ram Prasad Yadav
30.Chintamani Yadav, son of Late Kameswar yadav
31.Rajesh Kumar Das, son of Sri Baleshwar Das
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32.Mukesh Kumar Chaudhary, son of Late Shiv Shanker Choudhary
33.Bijay Kumar Tiwary, son of Dhananjay Tiwary
34.Sanjay Kumar Choudhari, son of Govardhan Prasad Choudhari
35.Manoj Kumar Mandal, son of Mauli Chandra Mandal
36.Anil Kumar Mandal, son of Bhuwneshwar Prasad Mandal
37.Kuldeep Amber, son of Late Dip Narayan Sah
38.Uday Kumar, son of Pradip Kumar Ray
39.Dinanath Raut, son of Tahdi Prasad Raut
40.Pradip Besra, son of Nunudhan Besra
41.Sushi Pitar Murmu, son of Alfred Murmu
42.Pankaj Kumar Sharma, son of Baldeo Sharma
43.Nabal Kishore Yadav, son of Bhado Prasad Yadav
44.Niraj Kumar Singh, son of Nawal Kishore Singh
45.Bhudeo Prasad Raw, son of Jaydeo Prasad Raw
46.Sudhanshu Shekhar, son of Chandra Kishor Prasad Singh
47.Chandra Kant, son of Late Jai Prakash Roy
48.Dwarika Prasad Yadav, son of Sri Balram Prasad Yadav
49.Gomash Hasda, son of Sonaram Hasda
50.Binod Kumar Singh, son of Arun Prasad Singh
51.Hriday Narayan, son of Singheshwar Prasad Singh
52.Basudeo Mahra, son of Nunulal Mahra
53.Sanjay Kumar Bhokta, son of Haldar Prasad Bhokta
54.Sanjay Kumar, son of Keshav Prasad Singh
55.Ramdeo Das, son of Late Manu Das
56.Ramchandra Pandit, son of Baldeo Pandit
57.Vijay Kumar, son of Akhileshwar Prasad Singh
58.Sanjay Kumar, son of Late Baldev Prasad Yadav
59.Jhupar Marandi, son of Budhuram Marandi
60.Arjun Kumar Thakur, son of Hari Kishor Prasad Thakur
61.Mahamrityunjay Prasad Yadav, son of Mahadeb Prasad Yadav
62.Sunil Murmu, son of Dhaneshwar Murmu
63.Viveka Nand, son of Sudhir Chandra Ray
64.Suresh Kumar Sharma, son of Sri Durga Prasad Sharma
65.Santosh Kumar Beshra, son of Late Ram Lakhan Beshra
66.Ravi Kant Mishra, son of Sri Laxmi Kant Mishra
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67.Amitesh Kumar Rao, son of Dinesh Prasad Rao
68.Rajesh Kumar Singh, son of Shakti Prasad Singh
69.Arun Kumar Pandey, son of Mahadev Pandey
70.Binod Kumar, son of Haresh Pandey
71.Jitendra Prasad Gupta, son of Arjun Prasad Sah
72.Salauddin Ansari, son of Salim Ansari
73.Deepak Kumar Thakur, son of Mahesh Chandra Thakur
74.Pradeep Kumar, son of Bibhuti Bhushan Singh
75.Dipak Kumar Das, son of Rajendra Das
76.Amar Ram , son of Choudhary Ram
77.Shambhu Chandra Das, son of Gorhari Das
78.Jai Prakash Das, son of Basudev Das
79.Naresh Das, son of Late Govind Das
80.Jiya Lal Awasthi, son of Shri Mohan Lal Awasthi
81.Shiva Kant Prasad, son of Birju Raut
82.Ranjit Kumar Roy, son of Rasbihari Prasad Roy
83.Banmali Roy, son of Ashok Kumar Roy
84.Jitendra Kumar Jha, son of Devendra Nath Jha
85.Madan Gopal Mishra, son of Tarkeshwar Mishra
86.Pancha Nand Jha, son of Late Bhola Nath Jha
87.Rakesh Mishra, son of Late Shree Kant Mishra
88.Ajay Kumar Singh, son of Shri Abinash Prasad Singh
89.Amit Kumar Singh, son of Late Dhirendra Prasad Singh
90.Manoj Kumar Das, son of Shri Dewani Das
91.Braj Kishore Murmu, son of Chhote lal Murmu
92.Lal Mohan Jha, son of Shri Surendra Prasad Jha
93. Ganesh Hansda, son of Mithu Hansda
94.Bhagirath Prasad Bharti, son of Fagu Mandal
95.Dilip Kumar Chand, son of Bachadas      ...        ...   Petitioners
                         Versus
1. The State of Jharkhand;
2. The Principal, Secretary, Personnel, Administrative & Reforms
   Department, Government of Jharkhand, Ranchi officiating from
   Project Bhawan, Post Dhurwa, Police Station Jagarnathpur,
   District Ranchi
3. The Principal Secretary, Rural Development Department,
   Government of Jharkhand, Ranchi officiating from Project
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         Bhawan, Post Dhurwa, Police Station Jagarnathpur, District
         Ranchi
      4. The Deputy Commissioner-cum-District Programme Co-ordinator,
         District Rural Development Authority, Deoghar officiating from
         Deoghar, Post Deoghar, Police Station Deoghar, District Deoghar
                   ...      ...       Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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09/17.08.2022

1. Heard Ms. Ritu Kumar, learned counsel appearing on behalf of the petitioners.

2. Heard Mr. Avnish Shekhar, learned counsel appearing on behalf of the respondents.

3. This writ petition has been filed for the following reliefs: -

"for issuance of an appropriate writ/Rule/Direction to the respondents to consider the case of the petitioners for regularization/absorption on Class/Grade III posts giving them age relaxation and preference over others taking into consideration that they have been working against vacant and sanctioned posts of Gram Rojgar Sewak regularly and continuously for more than ten years on contractual basis on consolidated amount after being appointed in pursuance to an open advertisement. And for any other relief or reliefs to which the petitioners may be found entitled to."

4. Learned counsel for the respondents, at the outset, submits that the present case is squarely covered by the judgment passed by this Court in W.P. (S) No. 7401/2019, wherein it was observed that the petitioners had not produced or placed on record any scheme for regularization of persons employed under MNREGA and that the petitioners therein were governed by the Act, namely, Mahatma Gandhi National Rural Employment Guarantee Act, 2005.

5. At this, learned counsel for the petitioners does not dispute that the present petitioners are also governed by the aforesaid Act of 2005. In the present case also petitioners have not produced or placed on record any scheme for regularization of persons employed under MNREGA.

6. She has submitted that certain observation has been made in the aforesaid judgment passed by this Court indicating that if ever the

respondents come up with any such scheme for regularization of persons engaged under MNREGA, they cannot be arbitrary and selective and if any such occasion arises later, the petitioners may have their remedy in accordance with law. She submits that similar observation may be made in the present writ petition.

7. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this Court is of the considered view that the present case is also covered by the judgment passed in W.P. (S) No. 7401/2019. Paragraph-8 of W.P. (S) No. 7401/2019 is quoted as under: -

"After hearing the learned counsel for the parties and considering the facts and circumstances of this case, it is observed that the petitioners have not produced or placed on record any scheme for regularization of persons employed under MNREGA. It is not in dispute that such persons are governed by the Act namely Mahatma Gandhi National Rural Employment Guarantee Act, 2005. It is sufficient to observe that if ever the respondents come up with any such scheme for regularization of MNREGA employees, they cannot be arbitrary and selective. If any such occasion arises later, the petitioners may have their remedy in accordance with law."

8. Accordingly, this writ petition is disposed of in terms of paragraph-8 of judgement passed in W.P. (S) No. 7401/2019.

9. Pending interlocutory application, if any, is closed.

(Anubha Rawat Choudhary, J.) Mukul