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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRAMATH PATNAIK, J.
Kailash Prasad Yadav – Appellant
Versus
The State of Jharkhand – Respondent
W.P.(S.) No. 4144 of 2010
Decided on : 24.7.2015.
retrenchment - Employment Dispute - Public Works Accounts Code, Public Works Departmental Code, State Government's policy for work charged and Muster Roll Workers - [Public Works Accounts Code, Public Works Departmental Code, State Government's policy for work charged and Muster Roll Workers] - The court analyzed the provisions of the Public Works Accounts Code, Public Works Departmental Code, and the State Government's policy for work charged and Muster Roll Workers to determine the entitlement of the petitioner for regularization. The court highlighted the petitioner's continuous service, the regularization of junior employees, and the principles of parity to quash the impugned order and direct the respondents to consider the petitioner's case for regularization.
Fact of the Case:
The petitioner, a daily wage employee, sought relief against the retrenchment by the Executive Engineer. The petitioner had been continuously working for almost 27 years and sought regularization based on the State Government's policy.
Finding of the Court:
The court found that the impugned order of termination was not sustainable and quashed it. The court directed the respondents to consider the petitioner's case for regularization within two months.
Issues: The issues revolved around the petitioner's entitlement to regularization, the regularization of junior employees, and the principles of parity.
Ratio Decidendi: The court held that the petitioner's continuous service, the regularization of junior employees, and the principles of parity warranted consideration of the petitioner's case for regularization.
Final Decision: The impugned order of termination was quashed, and the respondents were directed to consider the petitioner's case for regularization within two months.
The present writ application has been preferred for the following reliefs:
A) Writ of and/or in the nature of certiorari quashing order memo no. 176 dt. 7.3.2010 issued by the Executive Engineer (respondent No. 5) retrenching the services of the petitioner, w.e.f. 9.3.2010 as also letter No. 46 dt. 8.3.2010 issued by Assistant Engineer (Respondent No. 6) communicating decision of retrenchment to the petitioner.
B) A writ of and/or in the nature of mandamus directing the respondents to reinstate the petitioner forthwith from the date of his retrenchment with all consequential benefit.
C) A Writ of and/or in the nature of mandamus directing the respondents to pay the arrear of salary to the petitioner due since August 2008.
D) A writ of and/or in the nature of mandamus directing the respondents to appoint the petitioner against a sanctioned and vacant Class-IV post in accordance with law and as per recommendation contained in letter No. 3664(s) W.E dt. 25.9.2004 contained in Annexure-4.
2. Sans details facts described in the writ application in a nutshell is that the petitioner was initially appointed on sanctioned post of Godown Chaukidar for four months by the competent authority, Executive Engineer as a daily wage employee by memo no. 1351 dt. 20.08.1983 at Annexure-1 to the writ application. The services of the petitioner was extended from time to time by the competent authority as evident from Annexure-2 & 3 to the writ application. The State Government's letter no. 3664 (S) WE dt. 25.9.2004, inter alia, stipulates that due recommendation of the State Government for giving preference in appointment on a sanctioned and vacant post to all those daily wage employees, who completed 240 days of continuous services prior to 1.8.1985 in Road Construction Department by enclosing the list of such 31 daily wage employees against sanctioned and vacant posts in accordance with law by advertising the post as evident from Annexure-4 to the writ application. The name of the petitioner appears at serial no. 8 in the enclosed list showing that the petitioner was appointed prior to 1.8.1985 and has completed 240 days as daily wage employee and therefore, the petitioner is entitled to be considered for appointment on preferential basis. Pursuant to letter no. 705 dated 19.8.2005 issued by Superintending Engineer, Executive Engineer duly submitted list of Class IV sanctioned and vacant posts available in regular establishment of Road Division Chaibasa to Superintending Engineer with copy to Deputy Secretary, Road Construction Department and Chief Engineer (Yatayat), Road Construction Department to give effect to recommendation of Annexure-4. The Chief Engineer have given effect to recommendation of Annexure -4 as indicated in Annexures-5 and 6 respectively to the writ petition. So far as 12 class IV posts vacant in Regular Establishment of Road Division Chaibasa, and out of 12 such posts 4 posts of chaukidar. By a letter dated 25.3.2006 Engineer-in-Chief-cum-Special Secretary Road Construction Department sought for report forthwith from Chief Engineers, Superintending Engineers and Executive Engineers of Road Construction Department as to how many daily wage employees have been appointed on regular basis pursuant to Annexure-4. It appears that aforesaid letter memo no. 1242 (S) dt. 25.3.2006 (Annexure-7) was issued in the light of the order passed in Contempt Case No. 977/2002, by the Hon'ble Court and in pursuance to Annexure-7 the Chief Engineers were directed to take steps forthwith in accordance with law for appointment of 31 aforesaid daily wage employees for compliance of the aforesaid order. By the letter dated 30.3.2006 the Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary Road Construction Department again sought for report forthwith from Superintending Engineer & Executive Engineer as to how many out of aforesaid 31 daily wage Employees have been appointed by giving preference in appointment and how many are le
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