This second appeal against a writ petition directing the State to regularize daily wage employees was dismissed. The Court noted no formal application for condonation of delay and held that a new State scheme from 2015 addressed the issue, rendering the impugned judgment unnecessary for interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 711 of 2015
Bipin Kumar, S/o Sri Bhola Prasad, PHED Colony Maithan near BSK College, PO- Maithan, PS-Chirkunda, Dhanbad........ Appellant
Versus
Coram: Hon’ble Mr. Justice Virender Singh, Chief Justice Hon'ble Mr. Justice Shree Chandrashekhar
…… For the Appellant : Mr. Sanjay Prasad, Advocate For the Respondents : Mr. S.B.Haque, JC to GP-I
Order No. 06 /Dated : 16th August, 2016 Per Virender Singh, C.J. :
Not only the appellant-writ petitioner did not file a formal application for condonation of 244 days delay, even on merits also we find no substance in the instant appeal. In the earlier writ petition being W.P. (S) No. 2971 of 2001, he got the direction issued by the Writ Court wherein the Secretary, PHED Department, Government of Jharkhand was directed to prepare a Scheme for regularization of Daily Wages employee. Further direction was given that if such Scheme is prepared, Daily Wages employee shall be given preference over the outsiders. A Scheme formulated by the State of Jharkhand is now in place since the year 2015 and if the case of the appellant-writ petitioner falls within the ambit of the Scheme, he might get the relief. In our considered view the impugned judgment does not call for any interference on merits as well. The appeal on hand, thus merits dismissal on both the counts.
(Virender Singh, C.J)
(Shree Chandrashekhar, J)
Mukund/-
1 issue framed by the court
Whether the second appeal in a service regularization matter requires interference on merits given the absence of a condonation application and existence of a new state scheme.
Bipin Kumar
The state of Jharkhand
The Secretary, Drinking Water & Sanitation Department, Govt. of Jharkhand
The Executive Engineer, PHED Division
Junior Engineer, Drinking Water & Sanitation Department
Virender Singh
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
