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2025 DAILYLAW 19429 (JHR)

Mithilesh Kumar Mishra And Ors v. Home Department

WPC/2929/2016 · 2025-08-14

Deepak Roshan

body2025

Judgment text

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2025:JHHC:24589 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2929 of 2016 --------- 1. Mithilesh Kumar Mishra, S/o S.N.Mishra, resident of Mohalla-Camp-2 New Building, Qr. No. 35 Chas, Court Area, P.O.-Chas Court, P.S.-XII, District-Bokaro. 2. Subhash Mahato, S/o Late Lalu Mahato, resident of Village and P.O.-Sardaha, P.S. Pindrajora, District- Bokaro. ....Petitioners Versus 1. State of Jharkhand through Secretary Home Deptt. P.O. & P.S. Dhurwa, District-Ranchi. 2. Commissioner, Civil Security HQ Engineering Hostel No. 2, 2nd Floor, Room No. 209-2H, Dhurwa, Govt. of Jharkhand, Ranchi, P.O. and P.S. Dhurwa, District- Ranchi. 3. Deputy Commissioner cum Controller, Civil Security, Bokaro, P.S. & District-Bokaro. 4. S.D.O. cum Dy. Civil Security, Bokaro, P.O.-Chas, District- Bokaro. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioners : Mr. Subodh Kr. Pandey, Adv. For the Resp.-State : Mr. Anup Kr. Agrawal, A.C. to G.A.-IV --------- 09/14.08.2025 The instant writ application has been preferred by the petitioner for the following issues; 1. That in the instant writ application the petitioners pray for issuance of an appropriate writ, order, direction upon the respondent authority to regularize the service of the petitioners over the post of Store Keeper, clerk and orderly have been appointed by the who respondent authority on the basis of contract through memo no. 382 dated 18.3.2006 and memo no. 157 dated 2.6.2008 against the vacant and sanctioned post now the petitioner of more than 7 years completed continuous service and the authority has given extension time to time over the said post. AND 2025:JHHC:24589 Further prays for release the arrears of salary to the petitioners from April, 2015 which they have working without any salary. It is further submitted that the petitioners have given several representations before the authority to regularize the service of the petitioner on the said post but the respondent authority has not regularized the service of the petitioners, Or any other appropriate writ(s) be issued, order(s) be passed and direction(s) be made as Your Lordships proper may appear fit and proper. 2. At the outset, learned counsel for both the parties fairly submits that for regularisation of contractual employees, State of Jharkhand has come up with a notification in the year 2015 which has further been amended in the year 2019 indicating certain rules and regulation. 3. Having regard to the above, learned counsel for the petitioner submits that the respondents may be directed to pass necessary order as per the applicable Rules for regularisation. 4. Learned counsel for the respondents fairly submits that since counter-affidavit has been filed in the year 2017 and further there was an amendment in the year 2019 in the regularisation rules; as such the petitioner may be directed to approach respondent no.2, who shall decide the prayer of the petitioner for regularisation in accordance with existing Rules and Regulation. 5. Having regard to the aforesaid facts and circumstances of the case, the instant writ application is hereby, disposed of by directing the Respondent no.2 to treat this writ application as representation and pass an appropriate order with regard to prayer made in this writ application after verification of record by passing a reasoned and speaking order within a period of 16 weeks from the date of receipt/production of 2025:JHHC:24589 copy of this order. The petitioner is directed to serve the copy of the entire pleadings as early as possible. 6. With the aforesaid observation, the instant writ application stands disposed of. Pending I.A. if any also stands disposed of. (Deepak Roshan, J.) Amardeep/-