SUKH SAGAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present petition has been preferred challenging the order dated 7th November, 2000, passed by the Government of Jharkhand, at Annexure 12 to the memo of the petition, whereby the claim of present petitioners for regularization in the services have been rejected. Counsel for the petitioner submitted that petitioner No. 1 was appointed on 17th May, 1985. Petitioner No. 2 was appointed on 29th January, 1986. Petitioner No. 3 was appointed on 15th February, 1986. Petitioner No. 4 was appointed on 7th December, 1985, petitioner No. 5 was appointed on 4th April, 1986 and petitioner No. 6 was appointed on 30th April, 1986. Petitioner Nos. 1, 2 and 3 were appointed on a Class III posts whereas petitioner Nos. 4, 5 and 6 were appointed as Peons.

(2.) All these petitioners were appointed by the Principles of the Constituent College of respondent Nos. 3 and 4, namely Madhupur College, District Deoghar. Their services were not regularized and therefore, a writ petition, bearing C.W.J.C. No. 6183 of 1994 was preferred by the petitioners on an earlier occasion. This writ petition was disposed of by order dated 15th July, 1997 and a direction was given to respondents to consider the case of the petitioners. On the basis of the aforesaid order of the Court the impugned order at Annexure 12 has been passed by the respondents whereby the prayer for regularization of the services of the respondents was rejected.

(3.) Counsel for the petitioners submitted that though petitioners were not appointed on sanctioned posts, Principal of the college has all authority to appoint the petitioners within the 'staffing pattern' and respondents ought to have regularised the services of the petitioners. This aspect of the matter has not been properly appreciated by the respondents while passing the impugned order. The petitioners are working since long as stated herein above.