BABULOG JHA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court praying inter alia (i) for quashing the order dated 22.12.2010 whereby and where under the provisional regularization of the petitioner has been cancelled with a direction that the petitioner will remain as daily rated employee; (ii) for quashing the order dated 7.10.2010 by which the pay scale of the petitioner has been reduced from Rs.4000-6000/- to Rs.1200-1800/- and (iii) for issuance of a direction to re-instate the petitioner in service in pursuance of the order dated 28.1.2010 with continuity in service and all consequential benefits.

(2.) The case of the petitioner, as has been submitted by learned counsel appearing on behalf of the petitioner, is that the petitioner was engaged as Steno-Typist on daily wages basis on 28.4.1989. The appointment of the petitioner was extended till further order vide order as contained in memo no.920 dated 9.6.1990 issued by the Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Deoghar. The case of the petitioner was recommended by the District Establishment Committee, Deoghar presided over by the Deputy Commissioner, Deoghar for regularization of his service vide resolution no.14 dated 5.5.1995 and recommended for giving the pay scale of Clerk cum Typist having the name of the petitioner appeared under the heading Proposal No.14 at Serial No.10.

(3.) When the respondent authorities have not acted in terms of the resolution dated 5.5.1995, some of them preferred writ petitions before Patna High Court and in one of the writ petitions being CWJC No.10838/2000 the Hon'ble Patna High Court vide order dated 31.10.2000 directed the respondents for consideration of the representation for regularization of the services and payment of salary in regular scale.