Disposed

Rakesh Kumar v. the State of Jharkhand through Secretary, Agriculture and Sugarcane Development Department

Jharkhand HC12 Sept 2024WPC/5083/2024

Case brief

AI extract

What is this about?

Writ petition seeking confirmation of service in regular pay scale for the post of Sweeper pursuant to compassionate appointment. Without going into merits, the court disposed of the petition directing the Registrar to treat it as a representation and pass a reasoned and speaking order within 12 weeks.

What the court decided

AI extract

Rakesh Kumar Vs the State of Jharkhand through… — Service and Employment | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 5083 of 2024

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Rakesh Kumar, aged about 33 years, Son of Late Lakhendra Mahto, Resident of Ranchi Vet. College Campus, P.O.-Kanke, P.S.-Kanke, Dist.-Ranchi.

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....Petitioner

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Versus

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The State of Jharkhand through Secretary, Agriculture and Sugarcane Development Department, Govt. of Jharkhand, Nepal House, P.O. & P.S.-Doranda, District-Ranchi;

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Birsa Agriculture University, through its Vice Chancellor, P.O.-Kanke, P.S.-Kanke, Dist.-Ranchi;

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The Registrar, Birsa Agriculture University, P.O.Kanke, P.S.-Kanke, Dist.-Ranchi;

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....Respondents

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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Niraj Kishore, Adv. Mrs. Shobha Rani, Adv. For the Resp.-State : Mr. Pawan, A.C. to S.C. (Mines)-III For the Resp.-BAU : Mr. A.Allam, Sr. Adv. Ms. Sushmita Kumari, Adv.

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02/Dated:-12.09.2024

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Heard learned counsels for the parties.

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2. The instant writ application has been preferred by the petitioner praying therein for a direction upon the respondent authorities to confirm the service of the petitioner in regular pay scale for the post of Sweeper pursuant to the decision taken by office order dated 11.04.2015, in connection of compassionate appointment in favour of the petitioner in place of his father.

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3. Learned counsel for the petitioner submits that though, the petitioner has been appointed on casual basis, but his services has not been confirmed as per the rules and further, similarly situated persons have been given benefit of regular pay scale; whereas the petitioner’s service is being taken as causal employee since 11.04.2015 and in spite of repeated requests, the grievance of the petitioner has not yet been

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redressed; as such, the respondents may be directed to look into the matter and pass an appropriate order.

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4. Learned counsel for the respondent-State of Jharkhand and the University, submits that since no counter affidavit has been filed; as such, the petitioner may be directed to file a fresh representation before the respondent No.3, who shall look into the matter and pass and appropriate order.

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5. Having regard to the limited submissions of learned counsels for the parties, without going into merits of the case, the instant writ application is hereby disposed of by directing the respondent No.3 to treat this writ application as representation and take a decision on the grievance of the petitioner by passing a reasoned and speaking order within a period of 12 weeks from the date of receipt/production of copy of this order and if the grievance of the petitioner is found to be genuine, necessary consequential order be also issued within a further period of 4 weeks.

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6. Accordingly, the instant writ application stands disposed of.

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(Deepak Roshan, J.)

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vikas/-

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Rakesh Kumar v. the State of Jharkhand through Secretary, Agriculture and Sugarcane Development Department

Case brief

What is this about?

What the court decided

Rakesh Kumar v. the State of Jharkhand through Secretary, Agriculture and Sugarcane Development Department

Case brief

What is this about?

What the court decided

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