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2025 DAILYLAW 32736 (JHR)

ABHAY KUMAR v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

WPC/7530/2025 · 2025-12-18

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:38084 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No.7530 of 2025 ----- Abhay Kumar, aged about 46 years, Son of Late Surendra Mohan Prasad, Resident of New Area, II Lane Near Bread Factory Hazaribagh, P.O-Sadar, P.S-Sadar, District-Hazaribagh, Jharkhand. … Petitioner(s). Versus 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, having office at Project Building, Dhurwa, P.O-Dhurwa, P.S-Jagarnathpur, Ranchi. 2. Secretary, Department of Mines and Geology, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. & P.S. -Dhurwa, Ranchi. 3. Director, State Geological Laboratory, Department of Mines and Geology, Government of Jharkhand, having its office at Engineering Hostel-2, 2nd Floor Dhurwa, P.O. & P.S. Dhurwa, Ranchi. 4. Deputy Director, State Geological Laboratory, Department of Mines and Geology, NH 33, DVC Colony, P.O & P.S-Hazaribagh, District-Hazaribagh. 5. The Deputy Commissioner, Hazaribagh having its office at Collectoriate Building, Hazaribagh, PO and PS Sadar Hazaribagh, District- Hazaribagh … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Amritansh Vats, Advocate For the State : Mr. Rakesh Kr. Roy, AC to GA-III …...... 02 /18.12.2025: Heard the parties. 2. The petitioner by filing this writ petition has prayed for the following reliefs: i. For a direction to the respondents to regularize the services of the Petitioner on the post of Computer Operator-cum-Data Entry Operator, in light of the continuous, uninterrupted, and satisfactory service rendered by the Petitioner since 10.12.2007, and in accordance with the Jharkhand Regularization of Services of Employees Appointed on Contract/Daily Wage Basis Rules, 2015, as amended vide Resolution dated 20.06.2019 (Annexure-8). ii. For a further direction upon the respondent authority to release the pending dues salary of the Petitioner for the period from August 2022 to September 2023, at the fixed rate of ₹26,300/- per month, as per the Finance Department's 2025:JHHC:38084 2 Notification dated 02.06.2017 and subsequent Office Order dated 15.01.2021 (Annexure-12 series), which was in force during the said period and applicable to similarly situated Computer Operators. iii. For a further direction upon the respondents to restrain the Respondents from removing the Petitioner from service particularly in light of the service provided by the petitioner spanning over 17 years until final adjudication of this writ petition. 3. Relationship of employer and employee has changed and the State is not the employer of this petitioner. The employer of the petitioner is admittedly a private agency i.e. Commando Industrial Security Force. Though the petitioner’s work place is same but the employer is Commando Industrial Security Force which is private entity, thus, this Court cannot direct regularization of the petitioner in government service. 4. This writ application is thus dismissed. 5. If the petitioner has got any monetary claim over his erstwhile employer it will be open to the petitioner to pursue the same. (ANANDA SEN, J.) 18.12.2025 Tanuj/CP-2 Uploaded on 19.12.2025