RAKESH KUMAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have approached this court with a prayer to consider their case for absorption/regularization on the post of Mines Inspector taking into consideration that they were duly and validly appointed on contractual basis in pursuance to an open advertisement, qualifying the written examination and interview and are working since 2011 till date as has been done in other departments of the Government of Jharkhand like Health Department and others.

(2.) Factual exposition as has been delineated in the writ petition is that an advertisement was issued by the Mines and Geology Department, Government of Jharkhand in the year 2010 inviting applications from the eligible candidates for being appointed against vacant and sanctioned twenty two posts of Mines Inspector on contractual basis. The petitioners along with others being fully eligible applied in pursuance to the advertisement contained in Annexure-1 and after that appeared in the written examination and interview conducted by the Indian School of Mines, Dhanbad. In pursuance to a merit list prepared by the Indian School of Mines, Dhanbad, a office order contained in Memo No. 584 dated 15.4.2011 was issued under the signature of the Director, Mines, Government of Jharkhand appointing the petitioners along with others on the post of Mines Inspector on contractual basis for one year and they got their place of posting also. The name of the petitioners appear at serial nos. 4, 8, 2, 19, 17, 13, 5 and 16 of the merit list. In pursuance to the office order dated 15.4.2011 the petitioner along with the other appointed candidates gave their joining at the respective places as mentioned in the office order dated 15.4.2011 and started discharging their duties to the satisfaction of all concerned and no complaint of any kind was ever made against them. It has been further stated that the contractual period of the services of the petitioners along with others was again extended for one year by office order contained in Memo No. 1260 dated 26.6.2014. Several extensions were given by the respondents till 009.2016. In all the extensions the name of the petitioners appeared. It is specific case of the petitioner that they had been working on contractual basis on the post of Mines Inspector continuously since 2011 without any break. It has been stated that to utter surprise of the petitioners, an Advertisement No. 18/2016 has been issued under the signature of the respondent no. 7 whereby online applications have been invited for filling up the posts of Jharkhand Awar Mining Abhiyantran (Engineering) Services (Industry, Mines and Geology Department) as well as Jharkhand Awar Motor Vehicle Inspector Cadre (Transport Department). It would be evident from Advertisement No. 18/2016 that the maximum age limit for the General candidates for the post of Mines Inspector has been fixed as 35 years as was the maximum age limit in the advertisement contained in Annexure-1 by which the petitioners were appointed. It is also that no age relaxation and preference have been given to the petitioners who have been working on the post of Mines Inspector on contractual basis since 2011 after being appointed in pursuance to an open advertisement. It has been further stated that in similar way on contractual basis Gazetted (Class II) employees were appointed in the Health Department like the petitioners and all of them were regularized after working for five years on contract basis by framing Health, Medical Education and Family Welfare Department Medical Cadre Contractual Appointments Regularization Rules, 2011 contained in Notification dated 18.2011. That another notification contained in Memo No. 29 (10) dated 30.1.2014 was issued by the Health, Medical Education and Family Welfare Department, Government of Jharkhand by which Rule 2014 was constituted for appointing the Paricharika Grade 'A', A.N.M. Pharmacists and Laboratory Assistants who were working on contractual basis like the petitioners and all of them were regularized/appointed in regular establishment after working for five years on contractual basis. Similarly it has been stated that Education Department, Government of Jharkhand took a decision to fill up 50 % of vacancies of Para teachers who have been working on contractual basis and in the Home Department, Government of Jharkhand it has been decided to fill up 50% of vacancies of constables from the Home Guards already working after giving them age relaxation. Though several representations have been filed requesting the State Government to regularize their services and giving them age relaxation but till date nothing has been done and hence they have turned to this Hon'ble court.

(3.) Mrs. Ritu Kumar learned counsel for the petitioner assisted by Mr. Samavesh Bhanj Deo strenuously urges that it is a fit case in which the case of the petitioners should be considered for regularization/absorption. The learned counsel argues that these petitioners are fulfilling all the required qualifications as floated in the advertisement and as per the recruitment Rules which has been annexed in the counter-affidavit and brought to the notice of this court regarding notification dated 05.04.2011 of Department of Mines and Geology. The learned counsel further argues that these petitioners have become over age when the fresh advertisement was floated and as such most of the petitioners were prevented/debarred from appearing in the said selection process. If there would have been no age limit certainly petitioners would have also appeared and qualified for selection/appointment on the post of Mining Inspectors. Mrs. Ritu Kumar further argues that in similarly situated cases persons from the Health Department, Education Department as well as the A.N.Ms who were appointed on contractual basis and worked for five long years, their services were taken into consideration and have been regularized by relaxing the policy decision and coming out with a fresh notification of the State Government. There can be no occasion that why the services of these petitioners be not regularized by the State Government taking into account that already vacancies are there and similarly situated persons have been regularized in different departments by State Government itself.