Anil Kumar vs State Of Jharkhand
2022 Latest Caselaw 2063 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P.(S). No. 4385 of 2021
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1. Anil Kumar

2. Neelesh Kumar Sinha

3. Prakash Das

4. Ranjeeta Kumari

5. Ashok Kumar Manjhi

6. Pranay Kumar Singh

7. Indrajeet Rajhans

8. Suresh Kumar ........... Petitioners Versus

1. State of Jharkhand

2. The Secretary, Home, Women Child Development and Social Welfare Department, Govt. of Jharkhand, Ranchi.

3. The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand, Ranchi.

4. The Deputy Commissioner, Deoghar.

5. The District Social Welfare Officer, Deoghar.

                                                            ...........        Respondents
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       CORAM:           HON'BLE MR. JUSTICE DR. S. N. PATHAK

For the Petitioners : Mr. R.K. Gupta, Advocate Ms. Pinky Shaw, Advocate For the Resp. : Mr. Ashish Kumar, AC to SC (M)-III

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04/ 07.06.2022 Petitioners have approached this Court with a prayer for direction upon the respondents to consider their cases for regularization to the post of Clerk-cum-typist and peon as they are working against the sanctioned and vacant post since 2005 and as such, their services are liable to be regularized in view of judgment render in case of Narendra Kumar Tiwari Vs. State of Jharkhand [(2018) 8 SCC 238].

At the very outset, learned counsel for the petitioners submits that though the representations of the petitioner are pending but the respondents have not passed any order on the same. Learned counsel further submits that suffice it would be if a direction is given to the respondents to pass reasoned order on the pending representation of the petitioners within a stipulated period of time.

On the other hand, learned counsel appearing for the respondents very fairly submits that if this Court directs the respondents shall pass reasoned order on the pending representation of the petitioners.

In view of the fair submissions of the learned counsel for the parties, I hereby direct the respondents to consider the cases of the petitioners and after providing ample opportunity of hearing to them, pass a speaking and reasoned order, taking into account the judgment passed by the Hon'ble Apex Court in case of Narendra Kumar Tiwari Vs. State of Jharkhand [(2018) 8 SCC 238] and also the order dated 16.12.2021, passed by this Court in W.P.(S). No. 4171 of 2021, within a further period of six weeks, which shall also be communicated to the petitioners.

It goes without saying that if the petitioners are found entitled for the benefits, as prayed for, the same may be extended to them within a further period of three weeks.

With these observations and directions, this writ petition stands disposed of.

Let it be made clear that this Court has not entered into the merits of the case.

(Dr. S.N. Pathak, J.)

kunal