The main legal point established in the judgment is the entitlement of employees to regularization after completing ten years of service on sanctioned and vacant posts, as supported by constitutional provisions and legal precedents.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the order as contained in memo No. 652 dated 07.10.2020 (Annexure-12 to the writ petition) whereby the respondent No. 4 has declined the claim of the petitioners for regularization of their services in regular establishment. Further prayer has been made for issuance of direction upon the concerned respondents to regularize the services of the petitioners in regular establishment with all consequential benefits.

2. The brief facts of the case as stated in the present writ petition is that the Science and Technology Department of then Government of Bihar, Patna vide memo No. 1826 dated 26.09.1996, communicated the Accountant General, Bihar regarding the vacant and sanctioned post under various departments in different Government Polytechnics including Government Women’s Polytechnic, Ranchi. Pursuant to the same, an advertisement was floated and the petitioners being eligible participated in the recruitment process and subsequently they were appointed on contract basis under the respondent-Government Polytechnic, Ranchi in the year 1996/1997 on different posts like Programmer, Programmer Assistant, Librarian, Instructor and Lab Assistant. The Lab Assistants were separately employed in Government Women’s Polytechnic, Bokaro. They have been working continuously on vacant and sanctioned posts right from their initial appointments. After bifurcation of the State of Bihar, the Government of Jharkhand also recognized the services of the petitioners and they have been continuously working without any interruption. On 13.06.2006, the Principal, In-Charge of Government Women’s Polytechnic, Ranchi submitted a list of sanctioned and vacant posts available in the said Institute. The Science and Technology Department, Government of Jharkhand extended the employment of the petitioners as well as other teaching and non-teaching staff for the financial year 2007-08 to 2011-12 vide memo No. 2191 dated 22.11.2011.

3. Learned counsel for the petitioners submits that the petitioners have been working on sanctioned vacant post from 1996/1997, however, their services have not yet been regularised. They had earlier preferred a writ petition being W.P. (S) No. 4392/2015 before this Court seeking regularisation of their services which was disposed of vide order dated 06.09.2017 with a direction to the respondent No. 2 to take fresh decision in light of the judgment rendered by the Hon’ble Supreme Court with respect to regularisation of the services of the petitioners. The respondent No. 4 however vide the impugned order as contained in memo No. 652 dated 07.10.2020, rejected the petitioners’ claim for their regularisation in services. Under the said compelling circumstance, they have preferred the present writ petition.

4. At this juncture, learned counsel for the petitioners submits that the present case is squarely covered by the order dated 15.05.2023 passed by a coordinate Bench of this Court in Indu Kumar Choudhary and Others vs. State of Jharkhand and Others, W.P. (S) No. 4104/2020 whereby similar impugned order as contained in memo No. 598 dated 21.09.2020 passed by the respondent No. 4 has been set aside and the respondents have been directed to regularise the services of the said petitioners with all consequential benefits within a time frame. Hence, the present writ petition may also be disposed of in terms with the order dated 15.05.2023 passed in W.P. (S) No. 4104/2020.

5. Mr. Manav Poddar, learned AC to AAG-I appearing on behalf of the respondents, though contests the present writ petition on merit, yet accepts that W.P. (S) No. 4104/2020 involving similar issue as raised in the present writ petition has been allowed by a coordinate Bench of this Court vide order dated 15.05.2023.

6. Since learned counsel for the parties are in agreement with the fact that the issue raised in the present writ petition is squarely covered by the order dated 15.05.2023 passed in W.