HARISH CHANDRA MAHATO ALIAS CHUTU MAHATO v. THE STATE OF JHARKHAND
WPC/2664/2021 · 2025-01-08
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18233 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18233 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No.2664 of 2021
----- Harish Chandra Mahato @ Chutu Mahato, aged about 55 years, son of Ghasi Ram Mahto, R/o village Mahishabera, PO Sonua, PS Sonua, District Singhbhum (West)
… Petitioner(s).
Versus 1.The State of Jharkhand 2.The Deputy Commissioner, West Singhbhum, New Secretariat Building, PO and PS Chaibasa, West Singhbhum, Jharkhand 3.Regional Deputy Director of Education, Kolhan Division Chaibasa Road, PO and PS Chaibasa, West Singhbhum, Jharkhand 4.District Education Officer, New Secretariat Building, PO and PS Chaibasa, West Singhbhum, Jharkhand 5.Principal, State Samposit High School, Sonua, PO and PS Sonua, West Singhbhum, Jharkhand
… Respondents.
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Sanjay Kumar Thakur, Advocate For the Respondent(s) : AC to GA-V
…......
08 /08.01.2025: The petitioner in this writ application prays for regularization.
2. It is the case of the petitioner that he has been working since 24.08.2000 as Night Guard at State Samposit High School, Sonua. Thus, he is entitled to be regularized. It has been submitted that the Aam Sabha has appointed the petitioner pursuant to which he is working as Night Guard.
3. The learned counsel for the petitioner on query submits that the State is not paying any allowances to the petitioner.
4. The learned counsel for the State by referring to the counter affidavit submits that the Government has not appointed the petitioner. It is the Parent Teacher’s Association who had appointed the petitioner to work as a Night Guard in the school. The said engagement was absolutely made on private basis by this Association in the year 2000 when the school was already taken over in the year 1980.
5. Considering the submission of the parties, I find that neither the State has engaged the petitioner in any manner nor the School Administration. The petitioner has been engaged absolutely by way of a private arrangement which State has got no role to play.
6. Considering the aforesaid fact, no relief can be granted to the petitioner and the petitioner cannot be regularised. Directing regularization of the petitioner will amount to legalizing an absolute illegal act.
7. This writ application is thus dismissed.
(ANANDA SEN, J.) Tanuj/