Mr. H.C. Mishra, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondent State.
(2.) This is the fifth round of litigation, which the petitioner has to undergo for the claim of regularisation of his service. In the present writ application, the petitioner has challenged the order No. 8868(S) dated 17.12.2014, passed by the Engineer-in-Chief, Road Construction Department, Government of Jharkhand, Ranchi, whereby in compliance of the order dated 5.8.2014, passed in W.P.(S) No. 4516 of 2013, the petitioner has been directed to be appointed on Class-IV post in the PB of Rs. 4440-7440/- with the Grade Pay of Rs. 1650/-, and the said order has been complied with by issuing fresh appointment letter to the petitioner, as contained in Memo No. 1826 dated 24.12.2014 by the respondent No. 6, the Superintending Engineer, Road Construction Department, Government of Jharkhand, Ranchi, by appointing the petitioner on the Class-IV post of peon. However, the petitioner claimed for regularisation of his service as Road Roller Driver in the said Department in the higher grade pay.
(3.) The petitioner had earlier moved this Court in W.P.(S) No. 958 of 2003, along with one Bhola Singh and others, for regularisation of their services on the ground that they were working under the work charge establishment continuously since long. The said writ application, however, was dismissed by order dated 7.8.2007, as contained in Annexure-4 to the writ application. The said order was challenged by the petitioner and the others in L.P.A. No. 361 of 2007, which was allowed by order dated 9th September, 2009 by a Division Bench of this Court, as contained in Annexure-5 to the writ application, whereby, it was held that the appellants were entitled to be considered for regularisation of their services in accordance with law, and accordingly, the Secretary, Road Construction Department, Government of Jharkhand, was directed to consider the case of the appellants for regularisation of their services. The petitioner's claim was, however, rejected by a reasoned order No. 193 dated 25.5.2010 by the Secretary, Road Construction Department, Government of Jharkhand, on the ground that the petitioner was not having the requisite qualification for the post of Road Roller Driver. The case of said Bhola Singh was also rejected on the same ground by the same order. The said order was again challenged by the petitioner in W.P.(S) No. 2993 of 2012, brining on record the fact that the petitioner had passed the Class-VIII and was having the minimum qualification, as prescribed for the post of Road Roller Driver. The said writ application was disposed of by order dated 27.8.2012, as contained in Annexure-12 to the writ application, directing the petitioner to give his representation again and the concerned respondents were directed to dispose of the representation of the petitioner. Pursuant to the said direction, the representation of the petitioner was once again rejected by the Principal Secretary, Road Construction Department, Government of Jharkhand, by order bearing memo No. 5341(S) dated 4.6.2013, as contained in annexure-15 to the writ application, wherein it was held that the minimum qualification for the post of Road Roller Driver was Class-X pass, and since the petitioner had passed only Class-VIII, he was not having the minimum qualification for the aforesaid post. This compelled the petitioner to move this Court again in W.P.(S) No. 4516 of 2013, which was disposed of by order dated 5.8.2014 as contained in Annexure-16 to the writ application. In the meantime, said Bhola Singh's case was, considered and his service was regularized as Road Roller Driver by order dated 6.5.2012, as contained in Annexure-11 to the writ application even though his educational qualification was only Class-VII pass. In view of the fact that service of Bhola Singh was regularized on the post of Road Roller Driver, on the basis of his qualification of Class-VII, this Court found that the case of the petitioner could not be defeated on the ground that the petitioner was having the educational qualification of Class-VIII pass and was not having the requisite qualification for the said post. Accordingly, by order dated 5.8.2014, passed in W.P.(S) No. 4516 of 2013, this Court directed the respondents to take a fresh decision in the matter in accordance with law within a period of 10 weeks and the impugned order dated 4.6.2013, rejecting the claim of the petitioner was quashed. Pursuant to the said order, the impugned order No. 8868 (S) dated 17.12.2014 has been passed by the respondent No. 5, as contained in Annexure- 18 to the writ application, whereby, the petitioner was directed to be appointed in the Class-IV post in the PB of Rs. 4440-7440/- in the Grade Pay of Rs. 1650/- and consequently, the order has also been issued on 24.12.2014 by the respondent No. 6, appointing the petitioner on the Class-IV post of Peon, in the said grade pay.;