JUDGMENT :

Heard the parties.

2. Petitioners have approached this Court with a prayer for direction upon the respondents to regularize the services of the petitioners w.e.f. 21.10.2014 on their respective posts in RIMS, Ranchi along with all consequential benefits. Petitioners have further prayed for direction upon the respondents to deduct & deposit amount towards Provident Fund & Gratuity contribution for petitioners, since the date of their appointment on 08.09.2003.

3. The facts of the case lies in a narrow compass. In the year 2002, applications were invited for appointment of Staff Nurse (Grade ‘A’) on contractual basis at a consolidated remuneration of Rs.7200/- per month in RIMS, Ranchi under the provisions of Indian Nursing Council Act, 1947 and Indian Nursing Council Rule, 1947. The petitioners having the requisite qualifications, applied for the same and on being found suitable, they were issued appointment letters on 08.09.2003 in pursuant to which, they gave their joining. Since their appointments, all the petitioners have worked with full honesty and devotion and never any complaint have been made against their working efficiency and discharge of duties. In the year 2014, applications were invited from interested candidates vide memo dated 06.09.2014, published in Local Newspaper for filling-up 190 posts of Staff Nurse (Grade-A) on regular basis in Pay-Band-II – Rs.3900-34800, G.P. Rs.4200 at RIMS, Ranchi. Thereafter, again vide Notification No.201(II)A, dt. 11.10.2014 applications were invited for appointment of 367 posts of Grade ‘A’ Nurse in pay-scale of Rs.9300-34800/- having G.P. Rs.4600 in P.B.-II at RIMS, Ranchi, who have qualified from Govt./ Private/ Non- Govt. Institute recognized by Nursing Council & State Govt. and registered under Jharkhand Nurses Registration Council. The petitioners having the requisite qualifications, submitted application forms in the requisite format and on being called, appeared in interview but erroneously and illegally, they were not considered for appointment. Thereafter, petitioners preferred several representations before the respondent-authorities for regularization of their services, in light of notification dated 11.10.2014 but all went into vain.

4. Left with no alternative, petitioners moved before this Court by filing writ application being W.P.(S). No. 3593 of 2015 for redressal of their grievances and this Court by its order dated 06.09.2017 disposed of the said writ application directing the respondents to consider the cases of the petitioners for regularization of their services in accordance with the service conditions and in accordance with the scheme of regularization. In light of the order dated 06.09.2017, these petitioners submitted representations before the Director, RIMS Ranchi on 15.09.2017 and 09.11.2017 for regularization of their services w.e.f. 21.10.2014. Thereafter, by office order dated 04.04.2018, issued by the Director, RIMS, Ranchi, petitioners’ services were regularized w.e.f. 08.02.2018 and not from 21.10.2014 the date on which the services of similarly qualified and even less qualified persons have been regularized to the post of Grade ‘A’ Nurse.

5. Aggrieved by non-consideration of their cases for regularization w.e.f. 21.10.2014, the petitioners have knocked the door of this Court.

6. Mr. Shadab Bin Haque, learned counsel appearing for the petitioners assiduously argues that the petitioners have continuously worked on sanctioned and vacant post since 2003 without any break and discharged their duties honestly and have completed more than 10 years of service on 08.09.2013 but surprisingly, their services have been regularized after 4½ years and not even from 21.10.2014 when cases of similarly situated persons were considered and provided regular appointment. To buttress his arguments, learned counsel for the petitioners places heavy reliance on the judgment rendered by the Hon’ble Apex Court in case of State of Karnataka & Ors. Vs. Uma Devi & Or