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2012 Supreme(Jhk) 1096

ALOK SINGH
Ramesh Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner - M/s. V. Shivnath, M.M. Sharma and Lakhan Sharma, Advocate.
For the Respondents - Mr. Anil Kumar Sinha,

ORDER

Large number of cases are pending regarding regularization of service. Learned Advocate General was requested to address the Court.

2. On being asked, as to whether, in view of the judgment of the Apex Court in the Case of State of Karnataka Vs. Uma Devi, [(2006) 4 Supreme Court Cases 1], State Govt. has enacted any Rule or formulated statutory scheme for the regularization of irregularly appointed temporary or casual wage worker who have worked continuously for ten years prior to the decision of the Court of Uma Devi (Supra) on 10.04.2006.

3. Mr. A.K. Sinha , learned Advocate General submits that since no Rule or statutory scheme has been enacted within six months, therefore, it shall be presumed that state has declined regularization of employees either considering them as back door entrant or thinking that they are no more required in the services.

4. Hon’ble Apex Court in the case of Uma Devi (Supra) in paragraphs no.43, 47, 53, 54 has held as under:-

"43. Thus, it is clear that adherence to the rule of equality in public employment is a basic feature of our Constitution and since the rule of law is the core of our Constitution, a Court would certainly be disabled from passing

































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