JAGDISH MAHTO Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-11-109
HIGH COURT OF JHARKHAND
Decided on November 28,2008

JAGDISH MAHTO Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) The present writ petition has been preferred for issuance of an appropriate writ, order or direction, commanding upon the respondents to regularize the services of the petitioners, who have been continuously working as "Pump Operator  & "Chowkidar  since 16.2.1979, 1.8.1979, 1.10.1979 and 6.2.1983 till date on daily wages against sanctioned scheme vacant post in the Minor Irrigation Division, Ranchi, without any leave/break in service. Further prayer has been made to direct the respondents to make payment of arrears of wages to the petitioners from 20.6.1979 to 31.3.2000, 1.12.2001 to 31.3.2002 and from 24.6.2002 till date, except for some payments made in between as well as to pay month to month salary and for payment of bonus and other admitted dues which has not been paid to the petitioners though regular work has been taken from them without any break/leave. Learned counsel for the respondents submits that the issue with regard to regularization of services of these daily wagers in the Minor Irrigation Department is covered by the order of the Honble Supreme Court in S.L.P.(Civil) No. 18164 of 1999 and analogous cases, wherein, directions were issued to consider such regularization in terms of the scheme envisaged under resolution no.5940 dated 18.6.2003 of the Personnel and Administrative Reforms Department, Government of Bihar, Patna. It is submitted in the counter affidavit at paragraph no.10 that an allotment of Rs.320.17 Lacs has already been made for the financial year 2002 -03. Be that as it may in the light of the list having been prepared as per the scheme and pursuant to the direction of the Honble Supreme Court, the petitioners are certainly entitled to be considered for regularization and the respondents are also duty bound to pay them the arrears of salary after 2003. Accordingly, the respondents are directed to consider the claim of the petitioners for regularization and pay them the arrears of salary within a period of two months from the date of receipt/production of a copy of this order. This writ petition is, accordingly, disposed of but without any order as to costs.;


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