- (1.) COUNSEL for the petitioners submitted that the petitioners are challenging the order dated 3rd July, 2009, at Annexure 9 to the memo of the petition whereby the claim of the petitioners for regularisation in the services has been brushed aside. It is further submitted by the counsel for the petitioners that some similarly situated persons have moved the High Court by filing W.P.(S) No. 3320 of 2009 against the aforesaid order dated 3rd July. 2009 passed by the Dy. Commissioner, Palamau and vide order dated 30th November. 2010 (Annexure 19 to the rejoinder affidavit filed by the petitioners) in the said writ petition, this Court has been pleased to quash and set aside the order dated 3rd July, 2009 and the matter was remanded to the Dy. Commissioner, Palamau for a fresh decision in the light of the observation made in the said judgment.
(2.) IT has been further submitted by counsel for the petitioners that the matter was remanded to the respondents in the light of the order dated 30th November, 2010 passed in W.P.(S) 3320 of 2009 and the petitioners of the said writ petition who are similarly situated have been regularised in the services vide order dated 15th December, 2010 passed by the Dy. Commissioner, Palamau. 2006 (4) SCC 1, especially paragraph 53 of the said decision, some juniors to the petitioner have been given promotion. Counsel for the State has submitted that the State has no objection to consider the aforesaid two annexure, i.e. Annexure 15 as well as the Annexure 19 to the rejoinder affidavit filed by the petitioner while considering the case of the petitioners in accordance with law. However, at the same time it has also been submitted by the counsel for the State that the impugned order passed by the Deputy Commissioner, Palamau is a detailed one and there is no right vested in the petitioners to get their services regularised. 2006 (4) SCC 1, especially paragraph 53 of the said decision. This decision will be taken by respondent No.4 in accordance with law, rules, regulations, policies and Government enforceable orders applicable to the petitioners as expeditiously as possible and practicable, preferably within a period of twelve weeks, from the date of receipt of a copy of an order of this Court, after giving an adequate opportunity of being heard to the petitioners or to their representative.
(3.) AFTER the decision is taken in the manner aforesaid, the benefit, if any, will be extended to the petitioners within a further period of four weeks.;