[1]

IN THE HIGH COURT OF JHARKHAND AT RANCHI

L.P.A. No. 227 of 2019

With

I.A. No.4091 of 2022

1. The State of Jharkhand.

2. The District Malaria Officer-cum-Member Secretary, State Malaria Control

Department, P.O. & P.S.: Ranchi, District: Ranchi.

3. The Health Commissioner-cum-Secretary, Government of Jharkhand, P.O.:

& P.S.: Ranchi, District: Ranchi.

… … Respondents/Appellants

Versus

1. Jainath Das, son of Lutu Das, resident of Village: Kanjo, P.O.: Kanjo,

P.S.: Ramgarh, District-Dumka.

2. Sewa Chandra Das, son of Sri Nand Lal Das, resident of Village:

Maheshwarwandha, P.O.: Kumarhat, P.S.: Saraiyahat, District: Dumka.

3. Suresh Kumar, son of Ram Das Darve, resident of Village: Sinduria, P.O.:

Sinduria, P.S.: Ramgarh, District-Dumka.

4. Ravan Murmu, son of Lobo Murmu, resident of Village: Kuji, P.O.:

Kumarhat, P.S.: Saraiyahat, District: Dumka.

… … Petitioners/Respondents

-------

CORAM:

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

-------

For the Appellants

: Mr. Rahul Saboo, Advocate

----------------------------

ORAL JUDGMENT

07/Dated: 13^th October, 2022

I.A. No. 4091 of 2022:

1.

This interlocutory application has been filed for condoning the delay of 590

days, which has occurred in preferring this appeal.

2.

No counter to the delay condonation application has been filed.

3.

Heard the parties.

4.

This Court has considered it fit to condone the delay otherwise the issue

which is the subject matter of the lis will remain undecided on merit.

[2]

5.

Accordingly, taking into consideration the aforesaid fact, this interlocutory

application is allowed and the delay of 590 days in preferring this appeal, is

hereby condoned.

6.

In view thereof, the instant interlocutory application stands disposed of.

L.P.A. No. 227 of 2019:

7.

This appeal under Clause 10 of the Letters Patent is directed against the

order/judgment dated 03.07.2018 passed by learned Single Judge of this

Court in W.P.(S) No. 4064 of 2008, whereby and whereunder, while

allowing the writ petition, the respondents-appellants have been directed to

consider the case of the writ petitioners-respondents if they come within

the zone of consideration for regularization.

8.

The brief facts of the case as per the pleading made in the writ petition

which require to be enumerated, read as under:

It is the case of the writ petitioners that they have been appointed

by the District Malaria Officer and were doing the work of D.D.T.

Spraying under the District Malaria Department and they were appointed

on the post of Srestha Kshetriya Karyakarta/Kshetriya Karyakarta by the

Malaria Department on temporary basis. The writ petitioner no. 1 has been

working regularly since 1995, writ petitioner no. 2 has been working since

2003, writ petitioners nos. 3 and 4 have been working since 2006 and

experience certificate in this regard has been issued by the District Malaria

Officer, wherein, it is mentioned that the petitioners have discharged their

duties to the best of their ability and to the satisfaction of the authorities.

It is the further case of the writ petitioners that the Malaria

Department, Government of Jharkhand vide Advertisement dated

[3]

08.05.2008 notified for fresh appointment of 1116 Multipurpose workers

(Male) on contractual basis in 22 district of Jharkhand, including Dumka

by ignoring the claim of the writ petitioners to be given priority in

appointment in contravention of letter dated 27.12.1991, issued by the

Health Commissioner-cum-Secretary. The writ petitioners have raised their

grievance for consideration of their claim but having not been responded,

they have preferred a writ petition invoking the jurisdiction of this Court

conferred under Article 226 of the Constitution of India for seeking the

following reliefs:

<(a) For issuance of direction commanding upon the respondents to

prepare a panel for regularization of t