(Ramchandra Paswan vs . The State Of Jharkhand & Ors.)
2023 Latest Caselaw 1693 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          W.P.(S). No. 2961 of 2018
             (Ramchandra Paswan Vs. the State of Jharkhand & Ors.)
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK For the Petitioner : Mr. Dhananjay Kr. Pathak, Advocate For the Respondents : Ms. Soumya S. Pandey, AC to AAG-I

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03/ 20.04.2023 It has been argued by learned counsel for the petitioner that petitioner has continuously worked on sanctioned post right from 2008 to 2018 and thereafter, he has moved this Court for consideration of his case for regularization. It has been further argued that it is only after filing of the writ petition, he has been stopped from work.

Though counter-affidavit has been filed in which specific plea has been taken that since appointment of the petitioner was on contractual basis and in the contract agreement/ offer of appointment it has been mentioned that petitioner cannot claim regularization of his service in future and therefore, he cannot be regularized.

The said contention of learned counsel for the respondent is not acceptable to this Court. Admittedly, the petitioner has been appointed on the sanctioned post and continued to work for more than 10 years and received salary for the said period but it is only after filing of the writ petition the petitioner has been stopped from work.

Under such circumstances, let a specific affidavit be filed by the respondents as to why the case of the petitioner shall not be considered for regularization in view of judgment rendered by the Hon'ble Apex Court in case of State of Karnataka Vs. M.L. Kesari, reported in (2010) 9 SCC 247; State of Karnataka Vs. Uma Devi, reported in (2006) 4 SCC 1; as well as the recent judgment passed by this Court in case of Narendra Kumar Tiwari & Ors. Vs. State of Jharkhand & Ors., reported in 2023 (1) JBCJ 500.

List this case on 18.05.2023.

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