IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. ( S) No. 1985 of 2009
Dashrath Prasad Yadav ....Petitioner
Versus
1. The State of Jharkhand.
2. Secretary, Road Construction Department, Jharkhand, Ranchi.
3. Deputy Secretary, Road Construction Department, Jharkhand,
Ranchi.
4. Engineer in Chief,Road Construction Department, Jharkhand,
Ranchi.
5. Chief Engineer, Road Construction Department, Jharkhand,
Ranchi.
6. Superintending Engineer, Road Construction Department,
Jharkhand, Ranchi.
7. Executive Engineer, Road Construction Department, Jharkhand,
Ranchi.
8. Assistant Engineer, Road Construction Department, Jharkhand,
Ranchi.
.....Respondents
Coram: THE HON'BLE MR. JUSTICE R.K. MERATHIA
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For the Petitioner : Mr. Dr. H. Waris, Advocate
For the State : Mr. R.R. Mishra, G.P. II
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3/8.1.2010
Heard.
Mr. Waris, learned counsel appearing for the petitioner,
submitted that case of petitioner is fully covered by the Full Bench
Judgment, reported in 2005(3) JLJR 38-Ram Prasad Singh and
analogous cases, affirmed by the Supreme Court. He further
submitted that similarly situated persons in Drinking Water &
Sanitation Department has been given similar benefits in terms of the
Full Bench Judgment.
Counsel for the State submitted that it is to be verified whether
petitioner’s case is fully covered or not.
In the circumstances, petitioner is permitted to make a
representation before the Engineer-in-Chief, Road Construction
Department, Jharkhand, Ranchi( Respondent no. 4). If he finds that
petitioner’s case is fully covered by the case of Ram Prasad Singh
( supra), he will pass orders for regularization of service of the
petitioner. However, if he finds that petitioner’s case is not fully
covered by the said judgment, he will communicate the reasons
thereof to the petitioner. This exercise should be completed within
six weeks from the date of receipt of such representation.
With these observations and directions, this writ petition is
disposed of.
( R. K. Merathia, J)
Rakesh/