Jharkhand High Court
Madhuri Sharma vs The State Of Jharkhand Through Its ... on 12 June, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.2653 of 2024
1. Madhuri Sharma
2. Amita Singh
3. Saroj Kumar
4. Jayanti Kashyap
5. Vijay Kumar Das ... ...Petitioner(s)
Versus
1. The State of Jharkhand through its Secretary, Revenue & Land Reforms
Department, having its office at Project Building, Dhurwa, P.O. - Dhurwa, P.S.
Jagannathpur, District - Ranchi.
2. The Divisional Commissioner, South Chhotanagpur Division, Ranchi, having its
office at Kutchery Chowk, P.O. G.P.O., P.S. Kotwali, District - Ranchi.
3. The Deputy Commissioner, Ranchi, having its office at Kutchery Chowk, P.O.
G.P.O., P.S. Kotwali, District - Ranchi.
4. The Settlement Officer, Ranchi, having its office at Kutchery Chowk, P.O.
G.P.O., P.S. Kotwali, District - Ranchi.
5. The Assistant Settlement Officer, Ranchi, having its office at Kutchery Chowk,
P.O. - G.P.O., P.S. Kotwali, District - Ranchi.
6. The Director, Directorate of Land Record & Measurement, Government of
Jharkhand, P.O. - Dhurwa, P.S. Jagannathpur, District - Ranchi.
7. The Deputy Director, Directorate of Land Record & Measurement, Government
of Jharkhand, P.O. Dhurwa, P.S. Jagannathpur, District - Ranchi.
... ... Respondent(s)
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s) : Mr. Abhishek Srivastava, Adv.
For the Respondent(s) : Mr. Indranil Bhaduri, S.C.IV
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03/12.06.2024: Heard learned counsel for the parties.
2. Present writ petition has been filed for the following reliefs:
"(i) For issuance of an appropriate writ(s), direction(s) and/or
order(s), particularly a writ in the nature of mandamus
commanding upon the respondents to regularize the services of
the petitioners on the vacant and sanctioned post of Moharrir in
the Settlement Office, Ranchi in light of the "Rules for
regularisation of services of the employees irregularly appointed
and working under Government of Jharkhand, 2015" (as
amended in 2019), as the petitioners are working since long
about 20 years on the post of Safai Moharrir on daily wages
basis;"
3. Considering the nature of relief, the present writ petition is being
disposed of at the Admission stage itself.
4. Learned counsel for the petitioners has submitted that this case is
covered by the observations and directions passed by this Court vide order dated
07.02.2019 in W.P.(S) No. 255 of 2015 and analogous cases and hence, this writ
petition may also be disposed of on the same terms and conditions.
5. It has been submitted that the petitioners are working with the
respondents department since very long and have claimed for regularization on the
basis of circular issued by the State Government vide notification/resolution dated
13.02 2015 (as amended in 2019).
6. As the case has its own facts and it has to be determined by the
authorities after giving proper opportunity to one and other claimants, nothing is
being determined by this Court and it is left open with the authorities to determine
the factual aspect after following the principle of natural justice. On determination
of such factual aspects, notification/resolution has to be applied to the present writ
petitioners. If the petitioners are found entitle for benefit, the same should be
extended to them by regularizing their services. It is made clear that while
deciding the case. the authority will take into consideration, the order passed by
the Hon'ble Apex Court in the case of Narendra Kumar Tiwari and others Vs.
State of Jharkhand and others reported in (2018) 8 SCC 238, wherein the cut-off
date has been altered to the date of issuance of notification.
7. A Co-ordinate Bench of this Court has also issued direction in WP(S)
No. 62 of 2018 and analogous cases exactly in same and similar facts.
8. In view of the above limited prayer, this writ petition is disposed of
with liberty to the petitioners to file a detailed representation before the concerned
authority within four weeks from today and the concerned authority is directed to
determine the factual aspects of the petitioners after following the principle of
natural justice within twelve weeks and upon such determination, the
notification/resolution dated 13.02.2015 (as amended in the year 2019) issued for
regularization should be applied keeping in mind the judgment passed by the
Hon'ble Apex Court as well as the order passed by this Court. If the petitioners are
found entitle for regularization, the benefit should be extended to them including
the monetary benefits.
(Rajesh Kumar, J.)
Ravi/-
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