The High Court discharged the writ petition regarding service regularization for a driver, directing the petitioner to submit a representation to the Divisional Commissioner for consideration by the relevant State Committee.
Directed petitioner to file representation before Divisional Commissioner for Committee consideration within two months.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2127 of 2011 Mahendra Raw... Petitioner.
Versus
CORAM : HON'BLE MR. JUSTICE ANANDA SEN,
For the Petitioner : Mr. Sunil Kumar, Advocate. For the Respondents : J.C. to Sr. S.C.1.
…...... 5 /15.06.2016: In this writ application, the petitioner has prayed for regularization of his service with the State on the ground that he is working as a driver continuously since 1993 in the office of the Block Development Officer, Sarath, Deoghar.
Counsel for the State submits that pursuant to the judgment passed by the Hon'ble Supreme Court in the case of Secretary, State of Karnataka and others Versus Uma Devi and others, reported in (2006) 4SCC page-1 , the State has formed a Committee to scrutinize the claim of the persons, who have worked atleast for 10 years upto 10.04.2006. Counsel further submits that if the petitioner qualifies to the prescribed conditions his case definitely be considered and appropriate order will be passed by the State.
Counsel for the petitioner submits that the petitioner has completed 10 years upto April 2006 and his case should be considered by the Committee.
Regard being had to the nature of claim and the submissions made by the parties, I direct the petitioner to file a fresh representation before the Divisional Commissioner, Santhal Pargana Division, Dumka annexing all documents in support of his case. The Divisional Commissioner will forward the said application to the appropriate Committee formed for that purpose and the Committee will consider the case of the petitioner as per resolution and the Circular of the Government and will pass necessary order within a period of two months from the date of receipt of the representation. If the Committee finds that the petition is entitled to get the relief as claimed by him, the same will be extended to him within a period of two months thereafter.
This writ petition is, thus, disposed of.
( ANANDA SEN , J)
Sharma/-
2 issues framed by the court
Whether the petitioner is entitled to regularization of service given continuous work since 1993?
Whether the petitioner qualifies for consideration by the Committee formed under the Uma Devi judgment?
Colour shows how this judgement treated each authority
Secretary, State of Karnataka and others Versus Uma Devi and others, reported in (2006) 4SCC page-1Referred¶10
Mahendra Raw
The State of Jharkhand
The Commissioner, Santhal Pargana Division, Dumka
The Deputy Commissioner, Deoghar
Block Development Officer, Sarath
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
