IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1631 of 2004
with
W.P. (S) No. 3224 of 2003
with
W.P. (S) No. 6154 of 2003
Md. Aslam Ansari & Ors. ... Petitioners [In W.P.(S) No. 1631/2004]
Brajlal Mahto & Ors. ... Petitioners [In W.P.(S) No. 3224/2003]
Deo Narayan Saw & Ors. ...Petitioners [In W.P.(S) No. 6154/2003]
Versus
The Vice-Chancellor, Birsa Agriculture
University, Ranchi & Ors. ... ... Respondents [In all cases]
CORAM: HON'BLE MR. JUSTICE D.G.R. PATNAIK
For the Petitioners : M/s Ajit Kr., M.K. Sinha, D.K. Pathak, S. Topno,
B. Kumar & V.K. Gupta
For the Respondents : M/s A. Allam, Sr. Advocate, N.S. Mukherjee
13/16.03.2010
Since the issues involved in all these three writ applications are
identical, they are disposed of by this common order.
2. Heard counsel for the parties.
3. Petitioners in these writ applications have prayed for issuance of a
direction upon the respondents to regularize their services and for considering
their cases for regular appointment with all benefits of pay, allowance etc. in
the light of observation/direction contained in the order dated 23.09.2001
passed by this court in C.W.J.C. No. 2839/99 (R).
4. The admitted facts of the petitioners’ case are as follows:-
The petitioners are working as daily wages under the Respondent-Birsa
Agriculture University, Ranchi, since the past several years.
In an earlier writ application vide C.W.J.C. No. 1260 of 89 (R), a
direction was issued by this Court to the respondents to consider the cases of
such of the daily wage employees, who had applied in pursuance to the
advertisement which was issued by the respondents inviting applications for
regular appointment.
5. The grievance of the petitioners is that despite the direction, the
concerned authorities of the respondents have not considered the case of the
petitioners in proper perspective, in accordance with the directions contained
in the Court’s order and the petitioners continue to suffer detriment, although a
large number of persons similarly situated, have been benefited by their
absorption in service as permanent employees.
6. Counsel for the Respondent-University submits that pursuant to the
Advertisement No. 2/2000, a number of applications were received from
aspiring candidates and after scrutinizing their cases, such of the candidates
who were found to possess all the requisite qualifications, were absorbed in
Class III and Class IV posts under the Respondent-University.
7. Learned counsel for the petitioners would dispute the statement made
by the learned counsel for the respondents by contending that the
consideration of the candidatures of the candidates was not made in
consonance with the directions contained in order passed by a Division Bench
of this Court in C.W.J.C. No. 1260/89 (R) and as a matter of fact, the
candidates were subjected to discrimination and arbitrary action of the
Respondent-University.
8. Counsel for the respondent-University informs that recently a fresh
advertisement No. 1/2008 was issued by the Respondent-University, inviting
applications from the aspiring candidates for absorption in Class III and Class
IV posts. It appears that some of the petitioners have also applied and their
cases are subject to consideration. The process could not be concluded till
date in view of the interim order passed by this Court. Learned counsel
assures that the respondents shall consider the cases of all such applicants
including the petitioners herein and also other daily wage employees who may
not have applied in response to the Advertisement and take appropriate
decision regarding their selection.
9. Considering the above facts and circumstances, these writ applications
are disposed of with a direction to the Respondent-University to consider the
applications filed by the petitioners in response to the Advertisement No.
1/2008 and also to entertain fresh applications from other candidates who may
not have applied till date, if such applications are received within 15 days of
their order, and while considering the candidature of the candidates, the
respondent shall keep in view the job suitability, qualifications, experience etc.
of the candidates and shall give preference to such of the candidates including
the present petitioners in respect of their job experience and continuous
service rendered during the past several years as daily wage employees. In
taking final decision regarding the selection of the candidates, the respondents
shall also abide by the directions contained in the order dated 29.08.1989
passed by a Division Bench of this Court in C.W.J.C. No. 1260/89 (R) and act
accordingly. The respondents shall ensure that the dates for interview of the
candidates, as per the applications received, should be fixed within a
reasonable period and the process of selection of the candidates, pursuant to
the advertisements issued, shall be completed within a period of six months
from the date of this order. Such of the petitioners and other daily wages
employees who may not have applied in response to the Advertisement No.
1/2008 and any such subsequent advertisement, shall submit their respective
applications within two weeks from the date of this order.
10. With these observations, these writ applications are disposed of at the
stage of admission.
Let a copy of this order be given to the counsel for the respondents.
(D.G.R. Patnaik, J.)
Manish