IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1730 of 2004
1. Lal Babu Singh
2. Maheshwar Yadav @ Mahesh Yadav .... ..... Petitioners
Versus
The State of Jharkhand & ors. .... .... Respondents
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Coram : HON'BLE MR. JUSTICE D.G.R. PATNAIK
For the Petitioner : Mr. Rajeeva Sharma, Sr. Advocate
& Ms. Rita Kumari, Advocate
For the Respondents : J.C. to S.C.-II
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4/ 18.1.2010
Heard the learned counsel for the parties.
The petitioners in this writ petition have prayed for a direction upon the
respondents to regularize the services of the petitioners and give them benefit of such
regularization.
From the facts admitted, it appears that both the petitioners were
employed as daily wage workers and they were paid wages on daily basis. Such
services, as per the petitioners claim, used to be rendered continuously for more than
fifteen years, whereafter by the impugned order, the services were terminated.
However, notwithstanding the impugned order of termination, the respondents have
again resumed taking services from the petitioners on daily wage basis.
Mr. Rajeeva Sharma, learned counsel for the petitioner at the outset
fairly submitted that in the light of the recent judgment of the Supreme Court in the
case of Secretary, State of Karnakata and ors Vrs. Uma Devi and ors. {(2006) 4
SCC 1}, the petitioners may not as a matter of right, claim for regularization of their
services, yet the petitioners can certainly claim, in view of the continuous service
being rendered by them for more than 15 years on daily wage basis, the total length of
service which they have rendered, should be taken into consideration by the
respondents in the event when vacancies arise in the various posts and the process of
recruitment for filling up the vacant post is undertaken by the respondents. Learned
counsel further adds that the petitioners are entitled to relaxation of the upper age
limit for recruitment if made, as because the petitioners now during pendency of the
writ petition, have crossed the upper age limit.
Considering the above submissions and in the facts and circumstances
of the case, this writ petition is disposed of with an observation that in the event, the
respondents authorities would undertake to fill up the vacancies in the sanctioned
vacant post, if the petitioners submit their candidature, the respondents shall consider
the possibility of extending the benefit of relaxation of the upper age limit in the case
of the petitioners by giving due weightage to the long tenure of their services rendered
as daily wage employees.
With these observations and directions, this writ petition is disposed of
at the admission stage itself.
(D.G.R. Patnaik, J.)
R.Kr.