KANSE ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for quashing the order dated 17.08.2017 passed by Deputy Commissioner, Sahebganj in Misc. Case No.03/2016-17 (Annexure-6). Further prayer has been made for regularization of the services of the petitioner to the post of Mahal Choukidar.

(2.) The case of the petitioner lies in a narrow compass. The petitioner was engaged as Awaji Choukidar against the vacancy arising out of death of regular Choukidar, who died living behind no legal heir or representative and the petitioner was working on the said post since January, 1989 in Beat No.6 of Borio Police Station in the District of Sahebganj. At the time of engagement, the petitioner was given assurance for regularization of his services but even after 29 years of services, neither his services has been regularized nor any remuneration has been paid to him.

(3.) Earlier, the petitioner had approached this Court, by filing W.P.(S) No. 3618 of 2015, which was disposed of vide order dated 29th March, 2016 with a direction to the respondents for consideration of his case for regularization, if a fresh representation is filed by the petitioner. In compliance thereof, the Deputy Commissioner disposed of the representation of the petitioner vide impugned order dated 17.08.2017, observing therein that no case is made out for regularization as the petitioner is neither the legal heir nor is continuing on the said post, by way of any public advertisement and as such, case of the petitioner cannot be considered and the said rejection order is subject matter of this writ petition.