Mantu Tudu and Others Vs State of Jharkhand and Others

Jharkhand High Court 19 Feb 2002 Writ Petition (S) No. 1266 of 2002
Bench: Single Bench

Judgement Snapshot

Case Number

Writ Petition (S) No. 1266 of 2002

Hon'ble Bench

Tapen Sen, J

Advocates

M.S. Anwar, for the Appellant; Shamim Akhtar, S.C.-II and A. Allam, for the Respondent

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

Tapan Sen, J.@mdashAfter having heard the learned counsel for the parties and by their consent and agreement, this writ petition is being

disposed off at the time of admission.

2. The petitioners, who are 11 in number, have prayed for a direction for regularisation of their services as they have been working uninterruptedly

since a very long time i.e. 1979, 1980, 1981, 1983 and 1984. In other words, the petitioners state that they were all appointed prior to 1985.

3. The petitioners have also made a prayer for payment of regular salary in the prescribed scale as also for a direction for making payment of

arrears of salary for duty period w.e.f. 19.5.1995 to 31.3.1998 (1048 days); again from 1.12.1999 to 29.2.2000 (91 days): from 17.11.2000 to

28.2.2001 (104 days) and lastly from 25.10.2001 till date. They have also prayed for current salary and bonus etc.

4. According to the petitioners, they were all appointed on the posts of chawkidar, Operator, Electrician against sanctioned posts in the Minor

Irrigation Sub-Division, Jamshedpur on daily wages. The details of their dates of appointment and the places of their engagement have been stated

at para-5 to the writ petition. They have also stated that they are working continuously and without any break right from the date of their

appointment. At para-7, the petitioners have stated that the Government had resolved to take steps for regularisation of daily rated

employees/muster roll employees, contingent menials appointed on or before 1.8.1985 against sanctioned class-III & IV posts.

5. Mr. Anwar, learned counsel appearing on behalf of the petitioners has drawn my attention to Annexures 2 and 3 appended to the writ petition

and has argued that similar matter fell for consideration before this Court earlier as also before the Division Bench of the then Ranchi Bench of the

Hon''ble Patna High Court in C.W.J.C. No. 1377/97 (R) and other analogous cases.

6. Learned counsel for both the parties have submitted that this writ petition can also be disposed off in the same terms and conditions as contained

in the order dated 6.4.2001 (Annexure-3).

7. Accordingly the respondent-authorities are directed to consider the case of the petitioners in the light of the resolution of the Government dated

18.6.1993. a copy of which has been marked as Annexure-1 to this writ petition as early as possible and preferably within a period of three

months (12 weeks) from the date of receipt/production of a copy of this order alongwith fresh individual representations that must be filed by the

petitioners before the respondent No. 2 within two weeks from today.

8. It goes without saying that each of the petitioners in their individual representations shall be entitled to take all possible and permissible points

including the matter pertaining to their arrears of salary and other benefits.

9. The respondent No. 12 shall pass a reasoned order strictly in accordance with law within a period of 12 weeks as indicated above.

10. With the aforesaid observations, this writ petition stands disposed of.