MANGRA ORAON Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) IN the accompanied writ application the petitioner, inter alia, has prayed for issuance of writ of mandamus commanding upon the respondents to regularize the services of the petitioner to the post of Night Watchman, on the ground that the petitioner is working as a Night Watchman under respondent No. 4 with effect from 1.9.1998 continuously for a period of more than ten years without any break against vacant and sanctioned post, with a further direction upon the respondents to release the entire arrears of difference of salary along with penal interest and further for issuance of an appropriate writ for commanding upon the respondents to forthwith release the arrears of salary due since January, 1999 to 15.11.2000 along with interest.

(2.) THE factual matrix as delineated from the writ application in the nutshell is that the petitioner was appointed as a Night Watchman on 1.9.1998, vide memo No. 218 as a daily rated employee vide Annexure -2 to the writ application, i.e. continuously for a period of more than ten years without any break and against sanctioned vacant post. It is evident from the letter dated 25.04.2000 that there was one sanctioned post of the Night Watchman, but, subsequently in pursuance of the order dated 10.11.2009 the said post has been increased to two posts vide Annexures -1 and 1/1 respectively to the writ application. The petitioner is continuously discharging his duties since 1.9.1998 which would be evident from the various experience certificates issued on 19.5.2005, 5.6.2005 and 08.02.2006 vide Annexure -3 to the writ application. It has further been submitted that the petitioner not having been regularized, made repeated representation before the respondent authorities vide representation dated 08.06.2005, 09.08.2005 and 10.01.2006 vide Annexure -4 to the writ application. Again, the petitioner on 27.6.2005 had made a representation before the competent authority, which was sent before the Secretary, Jharkhand High Court Legal Services Committee, who in turn has requested the Principal Secretary, Department of Home, Government of Jharkhand, Ranchi to consider the case of the petitioner. Vide letters dated 20.7.2005 and 24.8.2005 annexed as Annexures -5 & 5/1 respectively to the writ application. In this regard the Government has also decided to constitute Establishment Committee, which would be apparent from the letter issued on 7.10.2005 and 1.3.2006 for considering the case of the petitioner vide Annexures -6 & 6/1 to the writ application. The petitioner though appointed as daily rated employee, but subsequently given a basic pay scale and place in the pay scale of Rs. 2550 -3200/ - vide order, issued in this regard on 30th March 2005 vide Annexure -7 to the writ application. Respondent No. 4 vide recommendation dated 8.2.2006 forwarded the matter before the respondent No. 3 and recommended the case of the petitioner for regularization vide Annexure -8 to the writ application. On the basis of the recommendation made in this regard, the case of one Suchitra Devi has been considered, who has been regularized in service vide order dated 24.7.2007 vide Annexure -9 to the writ application, on the ground that said Suchitra Devi has been appointed in service prior to the cutoff date i.e. 1.8.1985.

(3.) DURING pendency of the writ application the petitioner has also filed a supplementary affidavit wherein in Annexure -11, the petitioner has represented before the respondents to take decision in the light of the circular. There is still one post out of two posts is vacant on which the petitioner is laying his claim for regularization. The petitioner has also submitted a representation before the respondents for consideration of the case as per Annexure -11 to the supplementary affidavit dated 08.07.2014.