Disposed

Somay Baskey v. State of Jharkhand

Jharkhand HC21 Feb 2022WPC/3726/2019

Case brief

AI extract

What is this about?

A writ petition was filed seeking direction for appointment of petitioners in the Police Department as Permanent employees against sanctioned posts. The court disposed of the petition directing the petitioner to file a representation before the Deputy Commissioner.

What did the court decide?

Disposed with liberty to file a representation before the Deputy Commissioner; direction to consider petitioners' case on future advertisement.

Somay Baskey Vs State of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 3726 of 2019

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Somay Baskey, s/o late Chandra Baskey, aged about – 32 years, resident of village – Swada, PO- Tablapur, PS – Kharswan, District – Seraikella Kharswan

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Vijay Gagrai, S/o Jura Gagrai, aged about – 37 years, resident of village – Thatupada, PO – Tablapur, PS – Kharswan, District – Seraikella Kharswan … … Petitioner

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Versus

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State of Jharkhand

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Director General of Police, Dhurwa, PO & PS – Dhurwa, District Ranchi

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Principal Secretary, Home, Project Building, PO & PS – Dhurwa, District Ranchi

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Dy. Commissioner, Seraikella, PO & PS – Seraikella, District – Seraikella Kharswan

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Superintendent of police, Seraikella, PO & P.S. – Seraikella, District Seraikella Kharswan

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Circle Officer, Seraikella, PO & PS – Seraikella, District – Seraikella Kharswan … … Respondents

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CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. J.N. Upadhyay, Advocate For the Respondents : Ms. Pinky Tewary, Advocate

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Through Video Conferencing

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06 /21.02.2022 Heard Mr. J.N. Upadhyay, learned counsel appearing on behalf of the petitioner.

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2. Heard Mr. Pinki Tewary, learned counsel appearing on behalf of the respondents.

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3. The present writ petition has been filed for the following relief:

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“ For a direction upon the concerned respondents to appoint the petitioners in the Police Department as Permanent employee/Choukidar/Constable against the sanctioned post which is still vacant in the state of Jharkhand, as on several occasions, the Hon’ble High Court has directed the respondents to consider the claim of similarly situated persons.”

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4. Learned counsel for the petitioner submits that the petitioner no.1 was appointed as Chowkidar in Seraikela District and his Bit No. is 10 of 99 and so far as petitioner no.2 is concerned, he was appointed as Chowkidar in Seraikela District and his Bit No. is 1 of 99. Learned counsel further submits that one office order was issued by the Deputy Commissioner, Seraikella Kharsawan on 27.09.2003 in the light of the decision taken by the Government of Jharkhand vide letter dated

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30.07.2003 and by virtue of this order several chowkidars who were working since long in Seraikella district, their services were to be treated as permanent and all were to be appointed as 4^th grade employee. He submits that pursuant to the aforesaid order dated 27.09.2003, the petitioners have given several representations, but no decision has been taken by the respondents so far.

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5. Learned counsel for the respondent – State, on the other hand has referred to para 9 and 12 of the counter-affidavit and submits that as per the order dated 27.09.2003 passed by the Deputy Commissioner, the petitioner along with others were appointed on purely temporary basis. She also submits that several Chowkidars had approached before this Court for consideration of their grievance by filing writ petitions bearing W.P.(S). No.7844 of 2011, W.P.(S). No.1261 of 2016 which were disposed of vide orders dated 19.06.2012 and 01.08.2016 respectively directing the respondent authority to consider their case as and when advertisement is made for appointment on the post of Chowkidar . She submits that it was also directed that the case of the petitioners be also considered in accordance with law as well as in light of the decision rendered by the Hon'ble Supreme Court in the case of Surendra Paswan and Ors. Vs. State of Bihar and Ors. reported in 2010 (3) JCR 161 (SC) . She submits that similar order may be passed in the present case as well.

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6. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this writ petition is disposed of with the liberty to the petitioner to file a representation before the Deputy Commissioner, Seraikella Kharsawan. It is further directed that as and when an advertisement is made for appointment on the post of Chowkidar, the case of the petitioners be considered in accordance with law as well as in the light of the decision rendered by Hon’ble Supreme Court in the case of Surendra Paswan and Ors. Vs. State of Bihar and Ors. reported in 2010 (3) JCR 161 (SC) .

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7. This writ petition is accordingly disposed of.

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(Anubha Rawat Choudhary, J.)

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Saurav

Somay Baskey v. State of Jharkhand

Case brief

What is this about?

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Somay Baskey v. State of Jharkhand

Case brief

What is this about?

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