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2025 DAILYLAW 4521 (JHR)

LEDWA BHAGAT v. THE STATE OF JHARKHAND

Cont.(Cvl)/73/2024 · 2025-01-10

S N Pathak

body2025

Judgment text

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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 73 of 2024 Ledwa Bhagat, aged about 49 years, S/o Ramvriksh Bhagat, R/o Chhota Ajiyatu, P.O. – Adar, P.S. – Ghaghra, District – Gumla, Jharkhand. … … Petitioner Versus 1. The State of Jharkhand. 2. Mr. Prveen Kumar Toppo, Secretary, Department of Personnel Administrative Reforms and Rajbhasha, Government of Jharkhand, Project Building, Dhurwa, P.O. & P.S.- Dhurwa, District- Ranchi. 3. Mr. Manoj Jaiswal, Divisional Commissioner, South Chotanagpur Commissionery, Ranchi, P.O. & P.S. & District – Ranchi. 4. Mr. Karn Satyarthi, Deputy Commissioner, Gumla, P.O. & P.S.- Gumla, District – Gumla, Jharkhand. 5. Mr. Hemant Satya, District Development Commissioner, P.O. & P.S.- Gumla, District – Gumla, Jharkhand. 6. Mr. Sudhir Gupta, District – Establishment Deputy Collector, P.O. – Gumla, P.S. – Gumla, District – Gumla, Jharkhand. … … Opp. Parties --- CORAM :HON'BLE DR. JUSTICE S. N. PATHAK --- For the Petitioner : Mr. Praveen Kumar Pandey, Advocate For the Opp. Parties : Mr. Om Prakash Tiwari, Advocate --- 08/10th January 2025 1. Mr. Vidya Bhushan Kumar, Director of District Rural Development Agency (DRDA), is physically present in the Court. 2. The instant contempt application has been filed for compliance of the order dated 27.07.2023 whereby and whereunder this Hon’ble Court has been pleased to allow the writ petition of the petitioner and directed the respondents to consider the case of the petitioner for regularization. 3. It has been submitted that since the petitioner was not appointed by a Competent Authority, therefore, in view of the legal impediment, the service of the petitioner cannot be regularized. 2 4. However, it is very fairly submitted by the officer that in compliance of the order dated 27.07.2023, the service of the petitioner shall be regularized within a period of 15 days after the receipt of the copy of this order. 5. After considering every aspect of the matter, this Court has clarified that since the petitioner is working for last 24 years and also getting salary and his appointment was made by the Block Development Office (BDO), it is not in dispute that the department was not in need of the service of the petitioner, since he is working till date. 6. Accordingly, the instant contempt petition stands disposed of. 7. In view of the undertaking given by the officer, there is no requirement of depositing the cost of Rs. 20,000/- (Rs. Twenty Thousand Only) with the petitioner as directed by order dated 03rd January 2025. 8. Physical appearance of Mr. Vidya Bhushan Kumar, Director of District Rural Development Agency (DRDA), is hereby dispensed with. (Dr. S. N. Pathak, J.) Aditi