Jharkhand High Court
Muneshwar Yadav vs The State Of Jharkhand on 24 March, 2025
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1385 of 2025
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1.Muneshwar Yadav, S/o Anup Yadav
2.Yogendra Prasad, S/o Parmeshear Prasad
3.Bigan Ram, S/o Dhanu Ram
4.Bipul Kumar Srivastava, S/o Bhuneshwar Prasad Srivastava
5.Chandrika Paswan, D/o Dhanraj Paswan
6.Gupteshwar Ram, S/o Ganesh Ram
7.Sahdeo Yadav, S/o Degan Yadav
8.Aditya Ram, S/o Kailash Ram
------ Petitioner(s)
Versus
1.The State of Jharkhand
2.The Secretary, Personnel and Administrative Reforms Department, Government
of Jharkhand
3.The Secretary, Revenue, Registration and Land Reforms Department,
Government of Jharkhand
4.Deputy Commissioner, Chatra
5.Deputy Collector, District Collectorate, Chatra
6.Deputy Collector, Establishment, Chatra
7.Sub-Divisional Officer, District Collectorate, Chatra
------ Respondent(s)
......
CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. A. Allam, Sr. Advocate
Mr. Asfia Sultana, Advocate
For the Resp.-State : Mr. Ratnesh Kumar, S.C. (L&C)-I
.........
04 / 24.03.2025: Heard, learned Senior counsel for the petitioners and learned
counsel for the State.
2. In this writ petition, petitioners have prayed for following reliefs:-
"(A) To regularize and confirm the services of the petitioners against the
post of Grade-IV in which the petitioners have been performing their duty
for more than 10 years against the respective posts in view of several
directions issued by the respondents themselves for confirming their
services pursuant to the case of Narendra Kumar Tiwari, order passed by
the Hon'ble Supreme Court in S.L.P. (C) No.19832-19838/2017 (Civil
Appeal No. 7423-7429/2018).
(B) A direction may be issued to the respective officers of the State
Government who have already recommended for confirmation of services
of the petitioners against grade-IV post pursuant to the order passed by
the Hon'ble High Court and also Hon'ble Supreme Court of India with
effect from the date they have completed 10 years service.
(C) A direction may be issued to the respondents to pay the salary on the
basis of the established principle "Equal pay for equal work" as they were
appointed on daily wages by the established section of the District
Collectorate, Chatra by observing the appointment on the buff sheet (order
sheet) and without giving any appointment letter to the respective
candidates like the petitioners.
(D) A direction may be issued to the respondents to calculate their
services from the date of initial appointment of the petitioners respectively
as the service under the State has again become pensionable, so in view of
several judgments of the Hon'ble Supreme Court and also the Hon'ble
High Court these petitioners are entitled for regularization/confirmation
right from the first date of their appointment under the pensionable
scheme as it is admissible under the law.
(E)During pendency of the present writ application, the petitioners may
be paid their full salary like a regular employee till they are regularized or
confirmed in their services."
4. Learned Senior counsel for the petitioners submits that the Deputy
Commissioner vide letter No.367 dated 05.08.2021 has recommended
these petitioners for regularization. He submits that petitioners qualified
to be regularized as they are working from 15 to 25 years. He also submits
that there is a policy for regularization. He submits that suffice it would
be if a direction is given to the respondent No.2- The Secretary, Personnel
and Administrative Reforms Department, Government of Jharkhand to
take a decision on the request of regularization of the petitioners
considering the recommendation of the Deputy Commissioner.
5. In view of the aforesaid fact, I direct the respondent No.2 to take a
decision on the request of the regularization of the petitioners
considering the recommendation of the Deputy Commissioner. The said
decision should be taken within a period of eight weeks.
6. If the case of the petitioners needs to be placed before a committee
the same should also be placed for consideration.
7. If it is decided to pass a favourable order in favour of the
petitioners, consequential order should also be passed. If the claim of the
petitioners for regularization is dismissed, the reasons thereof should be
communicated to the petitioners.
8. The entire process should be concluded within a period of twelve
weeks from the date of receipt of a copy of this order along with a
representation.
9. With the aforesaid observation, the instant writ petition stands
disposed of.
(ANANDA SEN, J.)
R.S.
