ZABIR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Being aggrieved by the order of dismissal of the writ petition, being W.P. (S) No. 307 of 2008, declining issuance for a direction of regularization, the appellant has preferred this appeal.

(2.) Brief facts of the case are that the appellant joined the post of Cattle Guard/Forest Guard on 1.06.1982 on daily wage basis and he continued in the said post for more than seventeen years. Earlier the appellant filed C.W.J.C. No. 2054 of 1994(R) seeking regularization and the same was disposed of vide order dated 22.05.1995 with a direction to file representation to the concerned authority who shall dispose of the same within six weeks. Since the respondents did not take any action, the appellant filed Contempt Application in M.J.C. No. 227 of 1996(R). In the said contempt petition, the respondents had given assurance that the case of the appellant would be considered and in view of the assurance given, the appellant withdrew the contempt petition on 8.08.1995. Vide letter dated 30.7.1996, the appellant was informed by the 5th respondent that the grievance of the appellant is being sent to the higher authority. In November-December, 1996, the State Government had also forwarded the matter to respondent No. 2; but nothing had happened.

(3.) The appellant again filed CWJC No. 3738 of 1997(R) which was disposed of, vide order dated 4.06.2001, directing the appellant to file representation before the respondents. The request of the appellant for regularization was declined, vide order dated 5.9.2001. The appellant again filed writ petition, being W.P. (S) No. 3572 of 2002 and the same was dismissed on 7.11.2006. Against that order, the appellant filed L.P.A No. 642 of 2006 and the same was disposed of, vide order dated 13.3.2007, with the direction to the respondents to consider the case of the appellant in the light of the observations made by Hon'ble Supreme Court in the case of Secretary, State of Karnataka & Ors. v. Uma Devi (3) & Ors., 2006 4 SCC 1, in particular paragraph 53. The 5th respondent issued communication under memo No. 4052 dated 4.12.2007 rejecting the claim of the appellant.