BINOY KUMAR Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the original petitioner, whose writ petition being W.P. (S) No.5708 of 2014 was dismissed by the learned Single Judge vide order dated 22nd July, 2016 and the prayer of this appellant for regularization into the service was rejected.

(2.) Having heard learned counsel for both sides and looking to the facts and circumstances of the case, it appears that the appellant is an original petitioner who had preferred W.P. (S) No.5708 of 2014 for regularization into the service of the respondents-State mainly for the reason that he was serving with the respondents since 1998 and the order passed by the respondents-authorities dated 09.05.2013 rejecting his representation mainly on the ground that there was no sanctioned post and he was working. It is also contended by the counsel for the appellant that looking to Annexure 1 of the memo of this Letters Patent Appeal, this appellant was working against the sanctioned post. This aspect of the matter has not been properly appreciated by the learned Single Judge.

(3.) We are not in agreement with the contention raised by this appellant mainly for the reason that basically this appellant has been appointed as a back-door entrant. There was no public advertisement for the public post in question. Moreover, public at large have not been given any opportunity to compete for the post in question. It appears that at the relevant time in the year 1998, this appellant may be more influential than intelligent. Had there been any public advertisement, had the public at large been invited and if he would have been selected, the case would have been different. It has become a fashion in this country that those who are on the high-ranking administrative positions, they are always giving employment initially on temporary basis and thereafter, hundred and hundred of petitions are being filed for regularization. This modus operandi has to come to an end.