High Court Jharkhand High Court

Lal Babu Singh & Anr. vs State Of Jharkhand & Ors. on 18 January, 2010

Jharkhand High Court
Lal Babu Singh & Anr. vs State Of Jharkhand & Ors. on 18 January, 2010
        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
                                    ------
                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
                                                ------

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.