ASHOK KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. These four petitioners state that they have been engaged for 12 years on daily wage basis under Water Resources Department, Barrage Circle, Mohammadganj, Palamau. Counsel for the petitioners submits that though these petitioners have approached this Court for appointment on the strength of their engagement for 12 years but the State Government has made Regularization Rules 2015, notified by the Department of Personnel, Administrative Reforms and Rajbhasha, vide Memo No.1348, dated 13.2.2015 in terms of the direction passed in the case of Secretary, State of Karnataka & ors. Vs. Uma Devi & ors, (2006) 4 SCC 1. Therefore, petitioners' case should be considered by the competent authority under the respondent-Department for absorption/regularization in terms of the Regularization Rules, 2015 on satisfaction of the laid down conditions.

(2.) At the very outset, learned counsel for the petitioners submits that this writ application is squarely covered by the order passed on 012015 by a co-ordinate Bench of this Hon'ble Court in W.P.(S).No.7858 of 2006. Learned counsel further submits that this case may be disposed of in terms of orders passed in the aforesaid case.

(3.) No counter-affidavit has been filed. But, learned counsel for the respondents taken a plea that petitioners have not been in continuous engagement. They were engaged as daily wage seasonal labourers for specified period in a year. Since the work was completed, labourers were terminated. They have not completed continuous 240 days engagement in a calendar year. Therefore, they cannot claim appointment on regular basis.