ARBIND KUMAR ARYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing for the respondent-State.

(2.) Petitioner has approached this Court with a prayer to dispose of the representation of the petitioner dated 20.03.2014 and 24.01.2018 in which the petitioner had prayed for regularization of service from 19.10.2013 to 03.11.2013 (waiting for posting in Hqr.) and 04.11.2013 to 05.11.2013 (date of joining before Civil Surgeon, Lohardaga for taking over charge as Medical Officer, Bhandra), which is pending before the respondents and accordingly, to pay the consequential benefits to the petitioner.

(3.) Facts of the case in short is that the Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand has taken a decision for regular appointment of the contractual Medical Officer and framed the rule. Subsequently, the Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand issued Notification No. 1198(3) dated 18.10.2013 in which, the name of the petitioner appeared at Sl. No. 15. Pursuant to the said notification, the petitioner has given his joining on 19.10.2013 in the Headquarter and the same has been duly accepted. Thereafter, the petitioner has regularly made attendance till the Notification dated 02.11.2013 issued by the Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand, whereby the petitioner has been posted as Medical Officer, Bhandra, Lohardaga treating his earlier joining as waiting for posting in Headquarter. Pursuant to the said notification, the petitioner had given joining in the office of Civil Surgeon-cumChief Medical Officer, Lohardaga, who has accepted his joining w.e.f. 04.11.2013 vide memo No. 1582 dated 06.11.2013 and directed the petitioner to join at PHC, Bhandra, Lohardaga as Medical Officer. Thereafter, the petitioner has taken charge as Medical Officer, Community Health Centre, Bhandra on the same day and the same has been counter-signed by the Civil Surgeon-cum-Chief Medical Officer, Lohardaga. Thereafter, the pay-slip of the petitioner has been issued by the Department of Finance, Govt. of Jharkhand, vide memo No. 3851 dated 16.01.2014. However, the period from 19.10.2013 to 011.2013 (waiting for posting in Hqr.) and 04.11.2013 to 05.11.2013 (date of joining before Civil Surgeon, Lohardaga for taking over charge as Medical Officer, Bhandra) has not been regularized and for regularizing the said period, petitioner has filed representations dated 20.02014 and 24.01.2018, which is still pending before the respondent. Hence, the petitioner has been constrained to knock the door of this Hon'ble Court.