The High Court · 2025
Case Details
2025:JHHC:34576 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2023 of 2016 1. Anant Prakash son of Mohan Rom resident of Village+Post_P.S.- Chutia, District-Ranchi 2. Ramnath Ram son of Koeli Ram, resident of Village- Kushdand, P.O. Aghora, P.S.- Nagar Untari, District- Gahrha 3. Parash Singh son of Late Bhikhari Singh resident of Village+P.O.- Tandwa, P.S.-Ramuna, District-Garhwa 4. Rajendra Prasad Singh, son of Mahavir Singh resident of Vilage+P.O. Tandwa, P.S.- Ramuna, District- Garhwa 5. Umesh Rawani son of Tulsi Rawani, resident of Village +P.O.- Bahiyar Khurd, P.O.- Tandwa, P.S.-Ramna, District-Garhwa 6. Lalo Kunwar son of Late Shiv Shankar Soni resident of Village+P.O.- ... … Petitioner(s) Tandwa, P.S.-Ramna, District- Garhwa Versus 1. The State of Jharkhand 2. The Chief Secretary, Govt. of Jharkhand, Project Building, H.E.C., Dhurwa, P.O.-Dhurwa, P.S.-Jagarnathpur, District- Ranchi 3. The Secretary, Labour Employment and Training Department, Government of Jharkhand, Shram Bhawan, Doranda, P.O. & P.S.- Doranda, District- Ranchi 4. The Joint Commissioner, Labour Employment and Training Department, Government of Jharkhand, Shram Bhawanj, Doranda, P.O. & P.S.-Doranda, District- Ranchi 5. The Commissioner, Palamau Division, Medninagar, P.O. & PS.- Medninagar, District-Palamau 6. The Deputy Commissioner, Palamau, P.O., P.S. & District- Palamau 7. The Deputy Commissioner -cum-Chairman, Child Development Project Samiti, Garhwa, P.O., P.S. & District- Gahrwa 8. The Union of India, through the Secretary, Ministry of Labour & Employment, Shram Shakti Bhawan, New Delhi, P.O., P.S. & District- New Delhi ... … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s)
Legal Reasoning
: Mr. Saurav Arun, Advocate Mr. Bhanu Kumar No.1, Advocate For the Respondent Nos. 1 to 7 : Mr. Vishal Kr. Rai, AC to GA-IV For the Respondent-UOI : Mrs. Niki Sinha, CGC -------- Order No.06 /Dated: 19th November 2025 The instant writ application has been preferred by the petitioners for the following reliefs: 1 2025:JHHC:34576 “1(i) For issuance of an appropriate writ(s)/order(s)/or direction(s) particularly a writ in the nature of Mandamus commanding upon the respondents to consider the case of the petitioners for their absorption/ regularization in the respective department as per their qualification as they are working for more than 20 years, against the sanctioned post but the candidature of the petitioners has never been considered for their regularization/absorption into government service though there is direction but all in vain. to consider (ii) For issuance of an appropriate writ(s)/order(s)and/or direction(s) particularly a writ in the nature of Mandamus commanding upon the respondents for regularization/absorption in terms of circular dated 13.02.2015, on the ground that they have completed more than 10 years of service and till date they have not been regularized/absorbed in any of the respective department as per their qualification and post and though the assurance has been given but all in vain. petitioners case the the of to consider the case of (iii) For issuance of an appropriate writ(s)/order(s)and/or direction(s) particularly a writ in the nature of Mandamus commanding upon the respondents terms of recommendation made on 24th September, 2013 forwarded on 24.3.2015 by which the Central Government has stated to consider the case of the petitioners after seeing their experience, training and give weightage and also consider the letter dated 15.06.2015 by which the candidature of the petitioners has been considered for regularization in terms of circular dated 13.2.2015 but all in vain. the petitioners in (iv) For issuance of appropriate writ(s)/order(s) and/or direction(s) particularly a writ in the nature of Mandamus commanding upon the respondents to sympathetically consider the case of the petitioners for their absorption as the petitioners adhere all the qualification, all required and working for more than 21 years of continuous service without any break to the satisfaction of the respondent authority, against the vacant post. (iv) Petitioner further prays for any other relief/reliefs, as Your Lordships may deem fit and proper in the facts and circumstances of this case for doing conscionable justice to the petitioner.” 2. The brief facts of the case are that the petitioner nos. 1 to 5 were appointed in the year 1994 and petitioner no.6 was appointed in the year 1995 under National Child Labour Project. They were appointed on the post of Regional Officer, Vocational Teacher, Assistant Teacher and Cook-cum-Peon and all have completed 20 years of service. From records it appears that the Ministerial Secretariat came out with Notification dated 18.07.2009 with the scheme of regularization for those who have completed 10 years of service in terms of the order passed by the Hon’ble Court. Subsequently, the different Departments of the State came out with notification dated 19.07.2009 by which the 2 2025:JHHC:34576 number of persons has been regularized on completion of 10 years of service in the Secretariat cadre, Governor Secretariat. Thereafter, several notifications came for regularization of Doctors, Nurses, Para-Medical employees, Pharmacist who were appointed on contractual basis. On 15.06.2015, a letter was also issued under the signature of Secretary of Commissioner, Palamau Division, Medininagar to the Deputy Commissioner, Palamau seeking details of all those persons who have completed 10 years of service in terms of the letter dated 13.02.2015 for their regularization/absorption. The petitioners made representation on 23.01.2015, 28.01.2016 and 01.02.2016 for their regularization in service but no action was taken by the respondent-authorities. Hence, the petitioners have filed the instant writ application. 3. Learned counsel for the petitioners submits that though on completion of 10 years of service, number of persons have been regularized in Secretariate cadre vide notification dated 19.07.2009 issued by different Department of the State but the petitioners have not been regularized. He further submits that a letter dated 15.06.2015 under the signature of Secretary of Commissioner, Palamau Division, Medininagar was also issued to the Deputy Commissioner, Palamau seeking details of all those persons who have completed 20 years of service in terms of the letter dated 13.02.2015 for their regularization. He further submits that in the said notification no cut off date has been fixed. 4. Learned counsel for the respondent nos. 1 to 7 submits that they are only the agent on behalf of the Central Government to implement the Scheme of Central Government. 5. Learned counsel for the Union of India draws attention of this Court towards Annexure-6 to the writ application and submits that even the Central Government has directed the State Government to consider the case of the petitioners for regular appointment. 6. 3 Having regard to the aforesaid facts and circumstances of the 2025:JHHC:34576 case, the instant writ application is hereby disposed of by directing the respondent-State to consider and decide the issue with regard to regularization of services of the petitioners as they are working since last 20 years in the background of the letter dated 24.09.2013 (Annexure-6), issued by the Ministry of Labour & Employment, Shramshakti Bhavan, New Delhi, within a period of 12 weeks from the date of receipt/production of copy of this order. 7.
Decision
Pending I.As., if any, also stand disposed of. (Deepak Roshan, J.) 19th November, 2025 Amit Uploaded on 5/12/2025 4