IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. Pathak, J.
Pankaj Kumar and Another – Petitioners
Versus
The State of Jharkhand through Chief Secretary and Others – Respondents
WP (S) Nos. 6524, 6538 of 2017
Decided On : 18-01-2018
S.N. Pathak, J.
1. The petitioners have approached this Hon'ble Court with a prayer for quashing of the letter No. 4027/Ranchi dated 3.11.2017 (Annexure-4) in W.P. (S) No. 6524 of 2017 served by the Deputy Secretary, Commercial Taxes Department, Government of Jharkhand and letter No. 3978 dated 31.10.2017, (Annexure-14) in W.P (S) No. 6538 of 2017, issued by the Joint Secretary, Commercial Taxes Department, Government of Jharkhand, whereby contract of the petitioners has been put to an end w.e.f. 30.11.2017 and also letter No. 4028/Ranchi dated 3.11.2017 (Annexure-5) in W.P. (S) No. 6524 of 2017, served by Deputy Secretary, Commercial Taxes Department, Government of Jharkhand by which a decision has been taken and further correspondence has been made for providing two trained Computer Data Entry Operators.
Further prayer has been made for not disturbing the petitioners from the post of the Computer Data Entry Operator till the final decision of regular appointment is taken.
It has been prayed that a direction be issued restraining the respondents from releasing/ relieving the petitioners from the post of Computer Data Entry Operator.
It has also been prayed to initiate the process of regular appointment to the post of Computer Data Entry Operator and consider the case of the petitioners in accordance with law by granting them appropriate relaxation of age in appropriate cases.
2. The factual exposition as has been delineated in the writ petition is that the petitioners have been engaged on contractual basis in Commercial Taxes Department, Headquarter, Government of Jharkhand, Ranchi as Data Entry Operator by the competent authority, such as Secretary-cum-Commissioner or Additional Commissioner-cum-Special Secretary of the Department of Commercial Taxes, Government of Jharkhand in the year 2005 and 2006. Vide office order contained in Memo No. 3244 dated 19.12.2005, the petitioner No. 1 in W.P. (S) No. 6524 of 2017 was appointed by the Additional Commissioner-cum- Special Secretary, Commercial Taxes Department, Jharkhand, Ranchi on the post of Computer Data Entry Operator on the basis of recommendation made by Jharkhand Space Application Centre, Ranchi on the basis of payment of Rs. 5,500/- per month on contractual basis.
3. The petitioner No. 2 in W.P. (S) No. 6524 of 2017 was appointed and is working since 2006 on the post of Data Entry Operator by office order contained in Memo No. 257/Ranchi dated 1.2.2006 by the Joint Commissioner, Commercial Taxes Department on the basis of payment of Rs. 5,500/- per month on contract basis.
4. The petitioners in W.P. (S) No. 6538 of 2017 also were appointed as Data Entry Operator on different dates indifferent Departments of the State Government vide different office orders and they are continuously discharging their duties as such.
5. It is the case of the petitioners in W.P. (S) No. 6524 of 2017 that vide office order No. 57 contained in Memo No. 1725 dated 17.5.2017, per month Rs. 18,190/- was ordered to be paid from 1.4.2017 to 31.3.2018. Further, an extension was granted to the petitioners vide same office order. Thereafter, to the utter shock and surprise to the petitioners vide letter No. 4027/Ranchi, dated 3.11.2017, the concerned Joint Commissioners, Commercial Tax Circles and the In-charge of Commercial Tax Circles were informed that the services of the petitioners have been extended from 1.4.2017 upto 30.11.2017 and thereafter, they shall stand relieved from the services, meaning thereby that the services has only been extended upto 30.11.2017 only. Aggrieved by such illegal and arbitrary action of the respondents, the petitioners have knocked the door of this Hon'ble Court by preferring the instant writ petitions.
6. Mr. Indrajit Sinha, learned Counsel for the petitioner submits that the respondent- authorities cannot act arbitrarily in a social welfare State and the State cannot be allowed to exploit its own employee in any manner. The decision of the respondents to discont
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