Daily-wage Sweeper sought reinstatement, regularization as 4th Grade employee and payment of unpaid wages for 16 months. Court directed respondent no.2 to treat the writ application as representation, decide regularization, verify records and pay any admissible wages within 16 weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 5039 of 2024
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Akhilesh Kumar Shukla, aged about 26 years, Son of Babu Saheb Shukla, Resident of Kura Para Ambedkar Nagar, Post Office & Police Station-Pakur, District- Pakur, Jharkhand.
...Petitioner
Versus
....Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Ms. Nitu Sinha, Advocate For the Respondents : Mr. Amit Kumar, S.C(Mines)-II
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02/11.09.2024
Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent authorities to reinstate the petitioner and allow him to perform his duty as Sweeper on daily wage in the District Nazarat Office, Pakur.
Petitioner has further prayed for a direction upon the respondents to regularize him as 4th Grade employee on the post of Sweeper and also to pay the wages for the period of 16 months, from September 2019 to December 2020.
3. Learned counsel for the petitioner further draws attention of this Court towards Annexure-4 and 4/A, whereby the petitioner has represented the concerned respondent, but the same has not yet been redressed.
4. Learned counsel for the respondents submits that no counter affidavit has been filed; as such the petitioner may be directed to file fresh representation for redressal of his grievance.
5. Having regard to the aforesaid facts and circumstances of the case, the instant writ application is
1
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hereby disposed of by directing the respondent no. 2 to treat this writ application as representation and pass an appropriate order with regard to regularization of service of this petitioner. The concerned respondent shall also verify the records with regard to payment of wages for the period he had already worked as the same has not been paid. If any admissible amount is found to be payable, the same shall also be paid to the petitioner.
It is made clear that the entire exercise shall be completed within a period of 16 weeks from the date of receipt of a copy of this order.
The petitioner is directed to serve copy of writ application along with its order to the respondent no. 2 for convenience.
6. Accordingly, the instant writ application stands disposed of.
( Deepak Roshan, J.)
2
1 issue framed by the court
Should the petitioner be reinstated and regularized as a Sweeper and paid wages for the period September 2019 to December 2020?
Akhilesh Kumar Shukla
The State of Jharkhand, through the Secretary, Human Resources Department
The Deputy Commissioner, Pakur
Deepak Roshan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
