Dismissed

Mulchand Yadav And Ors. v. State of Jharkhand And Ors.

Jharkhand HC16 Mar 2017WPC/3253/2009

Case brief

AI extract

What is this about?

Petitioners sought a writ of mandamus directing the State of Jharkhand to include their names in the list of "Seasonal Workers". The High Court dismissed the petition as the petitioners failed to establish a legal right or disclose a legal duty requiring the maintenance of such a list.

What did the court decide?

The writ petition for inclusion in the list of "Seasonal Workers" was dismissed.

Mulchand Yadav And Ors. Vs State of Jharkhand And… — Service and Employment | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3253 of 2009

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Mulchand Yadav, son of Late Nemdhari Yadav, village Obara, PO-Tikar, District-Chatra

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Degan Yadav @ Degan Prasad Yadav, son of Sri Puran Yadav, village Obara, PO-Tikar, District-Chatra

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Baijnath Paswan, son of Sri Puna Paswan, village Obara, PO-Tikar, District-Chatra

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Kailash Yadav, son of Sri Nanhaku Yadav, village Obara, PO-Tikar, District-Chatra

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Jodhan Ganjhu, son of Umar Ganjhu, village Obara, PO-Tikar, District-Chatra

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Suresh Ram, son of Sri Jugal Ram, village Lutta, PO-Kadma, PS-Katkamsandi (OP Pelawal), District-Hazaribagh

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... ... Petitioners

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Versus

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The State of Jharkhand

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Addl. Secretary, Water Resources Department, Nepal House, Doranda, Ranchi

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Chief Engineer, Water Resources Department, Ranchi

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Superintending Engineer, Water Circle, Lake Road, Hazaribagh

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Executive Engineer, Water Ware Division, Lake Road, Hazaribagh

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... ... Respondents

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioners : Mr. Shailesh Kumar Sinha, Advocate For the Respondents : Mr. Rahul Kamlesh, J.C. to S.C. II

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06/16.03.2017 Claiming a right for their inclusion in the list of “Seasonal Workers” (Moushami Karamcharies), the petitioners have approached this Court.

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Neither a Rule of the State Government under which a daily-wage workers is engaged as “Seasonal Workers” nor a circular/guidelines for preparation of the list of “Seasonal Workers” has been produced by the petitioners. Their whole claim is based on letter dated 12.01.2004 by which the State Government sought a list of “Seasonal Workers” working under the Water Resources Department. The facts disclosed in the present proceeding do not constitute a legal right in the petitioners for seeking a mandamus to the respondent-State for

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inclusion of their name in the list of “Seasonal Workers”, nor the petitioners have disclosed a legal duty in the respondents under which they are mandated to maintain a panel of “Seasonal Workers”.

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In the aforesaid facts, I find no merit in the writ petition and accordingly, it is dismissed.

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(Shree Chandrashekhar, J.)

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Tanuj/-

Mulchand Yadav And Ors. v. State of Jharkhand And Ors.

Case brief

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Mulchand Yadav And Ors. v. State of Jharkhand And Ors.

Case brief

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