(Chote Lal Tiwary vs . The State Of Jharkhand & Ors. )
2023 Latest Caselaw 1982 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     W.P. (S) No. 4312 of 2019
                   (Chote Lal Tiwary Vs. The State of Jharkhand & Ors. )
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CORAM: THE HON'BLE DR. JUSTICE S.N.PATHAK For the Petitioner : Mr. J.S. Tiwari, Advocate For the Respondent s : Ms. Divya, AC to SC-III Mr. L.C. N. Shahdeo, Advocate

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07/ 08.05.2023 The respondent-RMC has taken work from the petitioner as a Driver for last 33 years as they were in need of driver and as such, he was allowed to work for 33 years. Now, at the fag end of service, the respondent-RMC has taken stand that he was not working on sanctioned and vacant post and it is the respondent-State which carries the appointment in RMC and even in case of Class-IV employees, appointment has to be made by the State not by RMC.

Admittedly, the regularization of services has to be done in view of regularization policy of the State, but nothing has been brought on record to show that petitioner does not fall within the ambit of regularization policy of the State.

Let the respondents file a specific affidavit mentioning therein, as to whether the case of the petitioner can be considered in view of celebrated judgment of Narendra Kumar Tiwari Vs. State of Jharkhand reported in (2018) 8 SCC 238, State of Karnataka & others Vrs. Uma Devi & others (2006) 4 SCC 01 & in case of Lily Kujur Vs. State of Jharkhand, reported in 2021 SCC Online Jhar 736. Further, as to whether the appointment in RMC are governed by the State and whether the RMC is a statutory body and whether appointment of employees are made by RMC itself or by the State Government, within a period of three weeks.

Put up this case after four weeks.

(Dr. S.N. Pathak, J.) punit/-