ANIL KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred by the appellant, Anil Kumar Singh, against the order dated 14.2.2008 passed by the learned Single Judge in W.P.(S) No.4289/2007, by which the writ petition filed by him claiming regularization on the post on which he claimed to have been working on daily wages was rejected. The learned Single Judge was pleased to observe that there was no appointment letter to indicate on what basis the authority had appointed the petitioner/appellant herein on daily wages; hence no relief was granted to him and the writ petition was dismissed, against which this appeal has been preferred.

(2.) THE counsel for the appellant first of all submitted that the petitioner -appellant had previously filed a writ petition bearing W.P (S) No.6661/2006, whereby he had claimed regularization on the post of Peon -cum -Night Guard, wherein he was discharging duties on daily wages for more than 19 years and therefore, he claimed that he should have been granted relief of regularization. The writ petition was disposed of with liberty to the petitioner -appellant to file a representation before the concerned authority and the authority had been directed to consider his representation in regard to his claim for regularization. The respondent -authorities, therefore, decided the representation and rejected the same by a speaking order, indicating that there was no regular vacancy available and the petitioner -appellant had been appointed on a consolidated salary, which too was generated partly out of the contingency fund of the school and partly by way of contribution from the teachers and students of the school. Thus, it was held that as his appointment was neither on a sanctioned post, nor any post was available, his claim for regularization as class -IV servant could not be accepted. Consequently the representation was rejected. Hence, the appellant filed another writ petition bearing W.P (S) No.4289/2007, out of which this appeal arises, wherein he had reiterated his prayer claiming regularization on the plea that he had been discharging duties on daily wages and having continued on the post of daily wages for the last 19 years, he had a right to be regularized on regular basis. The writ petition was dismissed for the reason, already recorded hereinabove.

(3.) COUNTERING the submission of the petitioner -appellant, it was submitted by the counsel for the respondents that the petitioner -appellant was never engaged as a regular employee by the respondent no.5, the Headmaster, Adarsh Madhya Vidyalaya, Dhori, P.O. Bermo, District - Bokaro. He further submitted that the petitioner -appellant although had been engaged in the school by the headmaster, the same cannot be treated as regular since his appointment was neither on daily wages, nor there was any appointment granting legal status to the appellant to continue on the post or to claim regularization, as he was not drawing salary from the school and the salary that was being paid to him was out of the contribution made by the teachers and the students of the school.