RAMESH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Large number of cases are pending regarding regularization of service. Learned Advocate General was requested to address the Court. On being asked, as to whether, in view of the judgment of the Apex Court in the case of State of Karnataka v. Uma Devi, 2006 4 SCC 1, State Govt. has enacted any Rule or formulated statutory scheme for the regularization of irregularly appointed temporary or casual wage worker who have worked continuously for ten years prior to the decision of the Court of Uma Devi on 1004.2006.

(2.) Mr. A.K. Sinha, learned Advocate General submits that since no Rule or statutory scheme has been enacted within six months, therefore, it shall be presumed that State has declined regularization of employees either considering them as back door entrant or thinking that they are no more required in the services.

(3.) Hon'ble Apex Court in the case of Uma Devi in paragraphs No. 43, 47, 53, 54 has held as under :--