Jharkhand High Court
Ranchi Nagar Nigam Mazdoor Sangh ... vs State Of Jharkhand Through ... on 8 February, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2887 of 2011
1. Ranchi Nagar Nigam Mazdoor Sangh through its General
Secretary, Nihmiya Kerketta, S/o Late Masidas Kerketta, Resident
of Dibdih, P.O. Argora, P.S. Argora, District - Ranchi
2. Raju Munda, S/o late Bandhan Munda, resident of Karamtoli, P.O.
Lalpur, P.O. Lalpur, District - Ranchi, one of the member of the
Executive Committee Ranchi Nagar Nigam Mazdoor Sangh and
employee working as Regular Labour in Ranchi Municipal
Corporation .... ... Petitioners
Versus
1. State of Jharkhand through Secretary, Urban Development
Department
2. Chief Executive Officer, Ranchi Municipal Corporation Ranchi
3. A 2 Z Infrastructure limited, having its registered office at 205,
Laxman Place - 19, Veer Sarvarkar Block, Shakarpur, Delhi -
110092. ... ... Respondents
With
W.P.(S). No.901 of 2015
1. Shankar Kujur, son of Sri Sahdeo Kujur, resident of Sukhdeo
Nagar, Hesal P.S. - Sukhdeonagar, District - Ranchi
2. Madi Tirkey, son of late Nanka Tirkey, resident of Hehal, Pawa
Toli, P.S. Sukhdeo Nagar, District - Ranchi
3. Lachhu Oraon, son of late Soma Oraon, resident of Kamde, P.S.
Ratu, District - Ranchi
4. Gunja Oraon, son of Soma Oraon, resident of Kamde, P.S. - Ratu,
District - Ranchi
5. Chotan Munda, son of late Biglaha Munda, resident of village -
Kamde, P.S. Ratu, District - Ranchi
6. Chandradeo Oraon, son of late Bane Oraon, resident of village -
Kamre, P.S. Ratu, District Ranchi
7. Ganesh Oraon, son of Madi Oraon, resident of Devi Mandap Road,
Hesal, P.S. - Sukhdeonagar, District - Ranchi
8. Sanichrwa Oraon, son of late Sukul Oraon, resident of village -
Tender, P.S. - Kanke, P.O. - Kamre, District - Ranchi
9. Bigal Oraon, son of late Sukul Oraon, resident of village - Tender,
P.S. Kanke, P.O. Kamre, District - Ranchi
10. Kurchu Oraon, son of Mangra Oraon, resident of village Tilta,
P.O. - Kamre, P.S. - Ratu, District - Ranchi
11. Somra Munda, son of late Bhadu Pahan, resident of village -
Tender, P.O. - Kamre, P.S. - Kanke, District - Ranchi.
12. Dharma Kachhap, son of Binod Kachhap, resident of village -
Madhukam, P.O. - Hehal, P.S. - Sukhdeonagar, District - Ranchi
13. Prabhu Oraon, son of Suresh Oraon, village - Sangrampur, P.O.
- Boriya, P.S. - Kanke, District - Ranchi
.... ... Petitioners
Versus
1. The State of Jharkhand through Secretary, Urban Development
Department, Jharkhand, Ranchi
2. Ranchi Municipal Corporation through Chief Executive Officer,
Kutchery Road, Ranchi - 834001 ... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioners : Mr. P.P.N Roy, Senior Advocate
Mr. Ashok Nath Roy, Advocate
For the RMC : Mr. LCN Shahdeo, Advocate
Mr. Rai Rajat Nath, Advocate
For the State : Mr. Manish Mishra, Advocate
Ms. Shivani Kapoor, Advocate
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Through Video Conferencing
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28/08.02.2022 Heard Mr. P.P.N Roy, learned Senior counsel appearing on
behalf of the petitioners along with Mr. Ashok Nath Roy, Advocate.
2. Heard Mr. LCN Shahdeo and Mr. Rai Rajat Nath, learned
counsel appearing on behalf of Ranchi Municipal Corporation.
3. Learned counsel for the State Mr. Manish Mishra as well as Ms.
Shivani Kapoor, is present.
4. W.P.S. No.2887 of 2011 has been filed for the following
reliefs:
"For a direction upon the respondents to protect the rights and
interest of the members of the petitioners' Association as the
respondents after entering into an agreement with A 2 Z Infrastructure
limited Company for implementing a scientific solid waste
management system are bent upon to terminate/remove the members
of the association of the petitioner no.1 as in terms and conditions of
the agreement entered into between the Ranchi Municipal
Corporation along with A 2 Z Co., there is no terms and conditions
mentioned in the agreement to protect right and interest of the
members of the petitioners' association.
Further direction may be issued to the Respondents particularly
respondent no.1 & 2 not to implement the agreement entered into
between the Ranchi Municipal Corporation with A 2 Z Company until
the right and interest of the members of the Association of petitioner
no.1 is protected.
Further direction may be issued to the respondents that if the
services of the members of the Association of petitioner no.1 is taken
by A 2 Z company then the entire facilities such as salary etc. which
are being paid by the Municipal Corporation to the members of the
petitioner no.1's association be protected and they may not be
deprived of their right and facilities/salaries which are being paid to
them by the Municipal Corporation.
Further direction may be issued to the respondents that casual
daily wages employee of the members of the petitioner no.1's
association who were working under the Ranchi Municipal
Corporation since more than 10 to 30 years and such type of
employees are about 713 in numbers and their services may also be
protected and direction may be issued to the respondents to regularize
the services of daily wages employees working under the respondents
corporation since 10-30 years."
5. W.P.(S). No.901 of 2015 has been filed for the following
relief:
For a direction commanding upon the respondents to absorb
the services of the petitioners/regularize the services of the petitioners
and treat them as permanent employee of the respondent no.2 as the
petitioners are working with the respondent no.2 in
permanent/sanctioned post since the year 1997 i.e for more than 15-
16 years and pay the admissible salary to the petitioners at par to the
employee who are engaged in the said post with admissible benefits.
For direction upon the respondents to not to issue any
advertisement for appointment of candidates for the class III and IV
post as petitioners have heard that the respondents are going to
advertise for appointment of the candidates for the post of driver and
labourer in permanent service ignoring the petitioners who are
working since 1997 in daily wages against sanctioned post.
In alternate, if any vacancies were advertised and published
then the petitioners will be given priority and extra weightage and
extra points."
6. Learned counsel appearing on behalf of the State Ms. Shivani
Kapoor in W.P.(S). No.2887 of 2011 has submitted that a
supplementary counter-affidavit has been filed in the instant case on
20.01.2022 by the Under Secretary, Urban Development and Housing
Department mentioning therein that a scheme was framed for the
purposes of regularization vide Notification No.3342 dated
10.09.2015 called "Jharkhand State Irregular Appointment and
Working Employees Service Regulation Rule 2015"and subsequently,
pursuant to judgment passed by Hon'ble Apex Court in Civil Appeal
No.7423-7429 of 2018 (arising out of S.L.P (Civil) No.19832 -1938)
in the case of Narendra Kumar Tiwary and Ors. vs. State of Jharkhand
and Ors., that aforesaid Rules of 2015 were amended vide Notification
no.4871 dated 20.06.2019, namely "Jharkhand State Irregular
Appointment and Working Employees Service Regulation Rule 2018".
She submits that in the light of the Notification no.4871 dated
20.06.2019, Jharkhand Urban Development and Housing Department
had sought recommendation from the Director Municipal
Administration, Jharkhand vide Letter No.3006 dated 22.07.2019,
letter no.2145 dated 06.10.2020 and letter no.2833 dated 10.11.2020.
The office of Director Municipal Administration, Jharkhand has
communicated the department vide letter no.104 dated 10.01.2022 that
the meeting of the committee regarding regularization was held for
division wise urban local bodies, but the urban local bodies have not
produced certain required documents as per the eligibility of the
personnel before the committee and again action is being taken to
convene a meeting of the committee for decision on regularization.
7. The learned counsel submits that the matter regarding
regularization is under active consideration of the Director Municipal
Administration, Ranchi and the process is likely to be completed
within a period of 3 months from today. She submits that the writ
petition being W.PS. No.2887 of 2011 has been filed through an
Association and the Association as well as its members may approach
the Director Municipal Administration, Ranchi by filing a
representation and their case for regularization will also be considered
depending upon the meeting of eligibility criteria and will be decided
on case to case basis with regard to each and every person, who
approaches the Director Municipal Administration, Ranchi.
8. Upon this, the learned counsel for the petitioners has no serious
objection and he submits that the Union, who is the petitioner no.1 is
now a registered Union and they are entitled to represent the
employees, but it is not in dispute that the case of each and every
employee is required to be considered on individual basis in the light
of the amended Rules.
9. Considering the aforesaid submissions, this Court finds that
vide order dated 03.08.2017, a submission was made by the learned
A.A.G that if further time is granted to the State, the State will come
up with a specific policy decision regarding regularization keeping in
view the earlier notification of the State Government dated 13.02.2015
and also the orders passed by the Hon'ble Supreme Court in the case
of State of Karnataka Vs. Uma Devi reported in (2006) 4 SCC 1 and
M.L. Keshri reported in (2010) 9 SCC 247. Pursuant to such order, an
affidavit dated 14.11.2017 was filed before this Court by Under
Secretary, Department of Personnel Administrative Reforms and
Rajbhasha wherein, it was specifically stated that the Regularization
Rules, 2015 had its life only for a period of one year which came to
an end on 03.03.2016 and information was sought for from all the
departments/districts as to how many such irregular appointed
personnel fulfilling all the criteria for regularization under
Regularization Rule 2015 are there under their Establishment whose
services are yet to be regularized. It was also stated that after required
information is obtained, the matter would be reviewed by the State
Government to examine the requirement of framing fresh guidelines
so as to extend the validity of the Regularization Rule, 2015.
10. As a sequel to the aforesaid affidavit dated 14.11.2017 filed
pursuant to order dated 03.08.2017, the aforesaid affidavit dated
20.01.2022 has been filed by the Under Secretary, Urban
Development and Housing Department whereby the Rules of 2015 has
been amended vide Annexure - C to the said affidavit and the contents
of the affidavit has been already stated above by the learned counsel
for the Respondents. It appears that the matter regarding regularization
of the employees working under Ranchi Municipal Corporation is
under active consideration and as per the submission made by the
learned counsel appearing on behalf of the State, the entire process in
connection with regularization is likely to take three months.
11. Considering the aforesaid specific stand taken in the counter-
affidavit dated 20.01.2022 and the submission of the learned counsel
for the respondents that the entire process is likely to take three
months, this Court hereby disposes of the present writ petitions by
directing the respondents to complete the entire process as
expeditiously as possible preferably within the period of four months
from today. The petitioner Ranchi Nagar Nigam Mazdoor Sangh as
well as its members and also the petitioners of W.P.(S). No.901 of
2015 are at liberty to file a representation before the Director
Municipal Administration, Ranchi giving the necessary details of their
claim for regularization and their claim for regularization is directed to
be considered by the Director Municipal Administration, Ranchi in
accordance with law.
12. These writ petitions are accordingly disposed of.
13. Pending interlocutory applications, if any, are dismissed as not
pressed.
(Anubha Rawat Choudhary, J.)
Saurav
