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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Surendra Choudhary, son of Late Ram Sharan Choudhary - Petitioner
Versus
State of Jharkhand and ors. – Respondents
W.P. (S) No. 4631 of 2017
Decided On : 23-02-2021
Constitution of India, 1950 - Quashing of order whereby regularization in service of petitioner has been rejected - Prayer for grant of benefit of 1st and 2nd ACP – Petitioner submits he has rendered approximately 33 years of service - Petitioner is getting pension and he has received other pensionary benefits, but since formal order of confirmation has not been passed that is why case of petitioner has not been considered for grant of 1st and 2nd ACP - Respondent- State submits that pursuant to earlier order of this Court, a Committee was constituted and Committee has considered case of petitioner and after due deliberation, case of petitioner has been rejected - Criteria for regularisation as per notification has not been fulfilled by petitioner and that is why Committee has rightly rejected claim of petitioner – Held, A person, who has rendered continuous unblemished service for approximately 33 years, was allowed to retire and if any order of confirmation was not passed during that period, it is not fault of petitioner - Petitioner has already fulfilled requirement of confirmation - Appointment of petitioner, in light of his continuous service, cannot be said to be illegal - It may be irregular - Petitioner has rendered approximately 33 years of service and in earlier rounds of litigation, earlier impugned order was quashed on cogent reasons and in spite of that present impugned order has been passed, which is against mandate of law - Court is not inclined to again pass order for consideration of case of petitioner - Impugned order quashed - Respondent- State is directed to issue confirmation order, consequential order for grant benefits of 1st and 2nd ACP shall be issued to petitioner by respondents within further period of eight weeks - Petition allowed.
ORDER :
Sanjay Kumar Dwivedi, J.
Heard Mr. Rajendra Krishna, learned counsel for the petitioner and Mr. Shivam Sahay, learned counsel for the respondent-State.
2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard on merit.
3. The petitioner has preferred this writ petition for quashing of the order dated 26.04.2017, contained in Annexure-9 of the writ petition, whereby, the case of the petitioner for regularization in the service has been rejected. The prayer for grant the benefit of 1st and 2nd ACP is also made in the writ petition.
4. An advertisement has been made for the post of Clerk in Commercial Taxes Department in the erstwhile State of Bihar in the year 1979 and pursuant to the said advertisement, the petitioner submitted his application before the Department. The petitioner was called for typing test examination as well as interview. The interview was held and after following the due procedure, the petitioner was appointed as a Clerk by the Joint Commissioner, Darbhanga vide order dated 04.07.1980. The petitioner joined the service at Darbhanga and started discharging his duty to the satisfaction of the concerned authorities. The petitioner was transferred from Darbhanga to Jamshedpur Division vide order dated 16.01.1985. The petitioner joined at Jamshedpur and discharging his duty with full satisfaction of the authority concerned. The petitioner qualified the requisite typing test, which is evident from the letter dated 16.10.1981 issued by the Joint Commissioner, Commercial Taxes, Darbhanga, whereby, recommendation to confirm the service of the petitioner was made. The petitioner has also passed requisite Hindi noting and drafting examination, which is evident from the letter dated 22.12.1983 written by the Joint Commissioner, Raj Bhasha Department. The petitioner has also passed the requisite Accounts examination, which is evident from the letter dated 11.05.1994 issued by the Revenue Department. The petitioner has completed approximately 33 years of regular service, but no order of confirmation was passed till the age of superannuation of the petitioner. The petitioner retired on 31.03.2013 after attaining the age of 60 years. The petitioner earlier moved before this Court in W.P.(S) No. 6480 of 2012, which was disposed of vide order dated 11.12.2012 with a direction to respondent no.2 to take appropriate decision on the representation of the petitioner in accordance with law, preferably within 60 days and thereafter make payment of the monetary benefits, if any, found payable the petitioner. After such order, the case of the petitioner was considered by the respondents and vide order dated 20.02.2013, the claim of the petitioner was rejected. The petitioner challenged the order dated 20.02.2013 in W.P. (S) No. 1437 of 2013, which was allowed vide order dated 13.11.2013 and the order dated 20.02.2013 was quashed and direction was issued to pass a fresh order regarding confirmation of the petitioner's service and also regarding the claim regarding 1st and 2nd ACP maintaining equality with the case of similarly situated employee, as indicated in that order within six weeks from the date of receipt/production of a copy of that order. Pursuant thereto, the department has again considered the case of the petitioner and vide order dated 02.12.2014, contained in Annexure-10 of the writ petition, the claim of the petitioner was again rejected. Again, the petitioner has challenged the order dated 02.12.2014 in W.P. (S) No. 295 of 2015, which was disposed of vide order dated 26.10.2015 directing the respondents to consider the case of the petitioner through the procedure evolved and taking into account the judgment passed by this Court dated 09.09.2015 in the case of Manoj Kumar Sinh
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