Regularization of daily-rated employees requires valid appointment against sanctioned posts and ten years of continuous service without judicial intervention. Service rendered after a formal termination order cannot be aggregated to meet the ten-year threshold for regularization eligibility.

1. Since both the writ petitions are having common issues, as such, both the writ petitions are being heard together and being disposed of with this common order/judgment.

2. Both the writ petitions have been filed under Article 226 of the Constitution of India praying therein the following relief(s):

W.P.(S) No. 221 of 2017:

“That, by this application, the petitioner prays for Writ(s), Order(s), Direction(s) particularly a writ in the nature of Certiorari for quashing of the order contained in letter No.3825 dated 01/12/16 issued by the Respondent Authority under the signature of I.G., Prison whereby and whereunder the petitioner is terminated from his employment as V.C. Operator even without issuing any show cause to him and without affording any opportunity of hearing despite the fact that the petitioner was engaged since 30/06/09 as daily wager against the sanctioned post of V.C. Operator.

And/Or

The petitioner further prays that he may be reinstated in his employment and may be allowed to continue to discharge his duty till the Respondent states goes for regular employment on the abovementioned post of V.C. Operator.

And/Or

Pass such Order/Orders as this Hon’ble Court may think just and proper in the facts and circumstances of the case, doing conscionable justice to the petitioner.”

W.P.(S) No. 339 of 2017

“That, by this application, the petitioner prays for Writ(s), Order(s), Direction(s) particularly a writ in the nature of Certiorari for quashing of the order contained in letter No.3825 dated 01/12/16 issued by the Respondent Authority under the signature of I.G., Prison whereby and whereunder the petitioner is terminated from his employment as Sweeper/Driver even without issuing any show cause to him and without affording any opportunity of hearing despite the fact that the petitioner was engaged since 23/10/06 as daily wager against the sanctioned post of Sweeper & subsequently in the year 2015 he was appointed to post of Driver.

And/Or

The petitioner further prays that he may be reinstated in his employment and may be allowed to continue to discharge his duty till the Respondent states goes for regular employment on the abovementioned post of Sweeper.

And/Or

Pass such Order/Orders as this Hon’ble Court may think just and proper in the facts and circumstances of the case, doing conscionable justice to the petitioner.”

3. The brief facts of both the cases as per the pleading made in the writ petitions needs to be referred herein which is as under.

4. The case of the petitioner is that they had been engaged on daily wages on the sanctioned post of V.C. Operator [petitioner of W.P.(S) No. 221 of 2017] and Sweeper [petitioner of W.P.(S) No. 339 of 2017] in the Sub-Jail at Khunti on 29.07.2009 and 23.10.2006 respectively.

5. It is the case of the petitioners that the service in this regard is like permanent employee. The status report with respect to services of the Daily wager working in jail within state of Jharkhand are regularly furnished by concerned prison to the Office of I.G. Prison. Vide Letter dated 02.06.2012, 14.08.2013, 17.10.2014 & 22.01.2015, the respondent authorities were informed about the emplo