MAHENDRA PRASAD Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties. It is the case of the petitioner that on account of a piece of land gifted by his grandfather for creation of Chiniya Block in Garhwa district and construction of its building, the present petitioner got employment as IVth Grade employee on the post of peon in 2009. The description of land as indicated at para -6 of the writ petition is Khata No. 124, Plot Nos. 647 and 803 of Village -Chiniya. Even after rendering service as peon against the sanctioned post, he has not been paid Honorarium or salary till date. Annexure -3, the letter of Block Development Officer, Chiniya dated 24.4.2010 addressed to the Deputy Commissioner, Garhwa is being relied upon in support of his contention that he has been engaged on Honorarium basis since October, 2009 on the assurance of regular employment in lieu of the land gifted by his grandfather Vishvnath Sao for construction of building of Block Development Office. Annexure -4 is the Identity Card also showing his date of appointment on 10.10.2009 in the Block Office, Chiniya as Night Guard/Peon. Petitioner has also enclosed certain office order dated 21.1.2011 of the Block Development Officer, which relates to work taken from the petitioner as a peon. In the aforesaid factual matrix, petitioner has sought regularization in service and payment of Honorarium in lieu thereof.

(2.) From the stand of the respondent reflected in their two counter affidavits, question of acquisition and compensation is flatly refuted by stating that land was gifted by grandfather of the petitioner. At the same time 2nd counter affidavit filed by the respondent Nos. 5 and 6 states that land in question was Gairmazarua land as is evident from letter of Circle Officer, Ranka bearing No. 296 dated 18.11.2013 to Circle Officer, Chiniya and the entry in the tenant's ledger was made in connivance with the staff of the Circle Office. Circle Officer, Chiniya issued letter No. 37 dated 28.6.2003 for cancellation of the said Jamabandi, both of which are enclosed as Annexures -A & B. In relation to the claim of regular discharge of work, it is stated that he has never worked regularly. As and when necessity arose, his services have been taken as night guard and has been paid also for the said period.

(3.) From the respective stand of the parties it can be easily drawn that claim of employment based upon a piece of land gifted by grandfather of the petitioner is also a question in realm of dispute as the land itself is stated to be Gairmazarua land and Jamabandi of which was also directed to be cancelled. Even otherwise also petitioner has not been able to show any policy decision, circular or executive instructions or any agreement based on which a legal right could have been created in his favour, on the strength of his claim that his land was taken for construction of Block Development Office Building. If engagement has been made on Honorarium basis by the concerned official on the post of night guard or other Class -IV post, that does not create a right to claim for regularization. Respondents are, however, obliged to pay Honorarium for the period the engagement has been undertaken. However, petitioner does not deserve any relief of regularization in service in the instant matter, in view of the discussions and reasons recorded hereinabove. The writ petition is, accordingly, dismissed.