Citation : 2025 Latest Caselaw 2024 Jhar
Judgement Date : 27 January, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.4404 of 2020
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Bipin Kumar, son of Sri Bhola Prasad, resident of PHED Colony Maithan near BSK College, P.O. Maithan, P.S. Chirkunda, District Dhanbad.
... ... Petitioner Versus
1. The State of Jharkhand.
2. The Secretary, Drinking Water and Sanitation Department, Government of Jharkhand, Nepal House, Doranda, Ranchi.
3. The Executive Engineer, PHED Division, Dhanbad.
4. Junior Engineer, Drinking Water and Sanitation Department, Maithan Division, P.O. & P.S. Maithan, District Dhanbad.
... ... Respondents
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CORAM : SRI ANANDA SEN, J
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For the Petitioner(s) : Mr. Sanjay Prasad, Advocate
For the Respondent(s): Mr. Abhinay Kumar, AC to GA-I
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06/ 27.01.2025
By way of filing this writ petition, the petitioner has
sought for following reliefs:-
(i) For issuance of an appropriate writ(s) order(s) direction(s) commanding upon respondent to consider the case of petitioner for regularisation in view of the fact that the petitioner on being appointed as work charge (Shram Pust) employee w.e.f. 1988 as "Keyman" under respondent and he has been continuously rendering his services under the respondent for more than 30 years of continued service.
(ii) For issuance of an appropriate writ(s) order(s) direction(s) commanding upon respondent to regularise the services of the petitioner in view of provision and scheme formulated by the respondent in view of direction of Hon'ble court passed in the case reported in 2012(3) J.C.R.I. as well as in view of the judgment of Hon'ble Supreme Court reported in 2018 Supreme 746."
2. Heard learned counsel for the petitioner and learned
counsel for the State.
3. The petitioner seeking self same relief i.e. for a direction
for regularizing the petitioner in Class-IV post, had earlier filed a writ
petition being W.P.(S) No.2774 of 2014. The said writ petition was
dismissed on merit vide order dated 03.11.2015 by a Coordinate
Bench of this Court. Against that order, a Letters Patent Appeal being
L.P.A. No.711 of 2015 was also filed by the appellant and the same
was also dismissed on merit vide order dated 16.08.2016 by the
Division Bench of this Court.
4. Thus, the petitioner cannot reopen the issue again. The
relief claimed in this writ petition is barred by Res judicata.
5. Accordingly, this writ petition stands dismissed.
(ANANDA SEN, J.)
Prashant.Cp-2
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