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2026 DAILYLAW 11299 (JHR)

MD MEHFOOZ ALAM v. THE STATE OF JHARKHAND THROUGH DY COMMISSIONER

WPC/5676/2019 · 2026-04-18

Deepak Roshan

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Judgment text

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2026:JHHC:11357 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 5420 of 2018 --------- 1. Dilip Paswan s/o Sri Ram Swarup Paswan, aged 39 yrs. Resident of MOCP Alkadih, P.O-Porgha via Baliapur, P.S-Tisra, District:-Dhanbad. 2. Md. Mumtaz Afzal s/o Md. Hamid Ali, aged 35 yrs. resident of post office road, P.O-Katras Bazar, P.S-Katras Garh, District- Dhanbad. 3. Braj Kishore Verma s/o Sri Mutuk Dhari Verma, aged 42 yrs.resident of Chadore, P.O & P.S-Sijua, District:-Dhanbad 4. Prasidh Kumar s/o Shri Bharat Prasad, aged 42 yrs., resident of Rajganj, P.O & P.S-Rajganj, District:-Dhanbad. ....Petitioner(s) Versus 1. The State of Jharkhand through, Dy.Commissioner, District Administration, P.O & P.S:-Dhanbad, District:- Dhanbad. 2. The Deputy Development Commissioner, District Administration, P.O & P.S:-Dhanbad, District:- Dhanbad. 3. The State Village Employment, Guarantee Commissioner, P.O & P.S:-Dhanbad, District:- Dhanbad. 4. Block Programme Officer, Nirsa Block, P.O & P.S-Nirsa, District:- Dhanbad. 5. Block Programme Officer, Topchanchi Block, P.O & P.S- Topchanchi, District:-Dhanbad. 6. Block Programme Officer, Kaliasol Block, P.O & P.S-Kaliasol, District:-Dhanbad ....Respondent(s) With W.P. (S) No. 5673 of 2019 --------- 1. Rajesh Kumar s/o Narayan Sharma, aged 39+ years resident of c/o S.K. Roy. Mohalla-C.S.Colony, PO & PS-Dhanbad, District- Dhanbad 2. Swapan Kumar Dey s/o Sri Narayan Chandra Dey.aged 48+ years resident of Baliarpur.P.O & P.S-Baliarpur District- Dhanbad 3. Rajesh Kumar Choudhary s/o Rajendra Choudhary, aged 43+ years resident of Ramnagar (Co-operative Colony), P.O- Koylanagar, P.S-Saraidhela, District-Dhanbad 4. Marshal Samir Thakur s/o Sri Jagdeep Thakur, aged 47+ years resident of Ban Merha, Maithan, P.O & P.S-Maithan Dam, District-Dhanbad ....Petitioner(s) Versus 1. The State of Jharkhand through, Dy. Commissioner, District Administration, P.O & P.S:-Dhanbad, District:- Dhanbad, 826001 2. The Deputy Development Commissioner, District Administration, P.O & P.S:-Dhanbad, District:- Dhanbad. 826001 3. The State Village Employment, Guarantee Commissioner, P.O & P.S:-Dhanbad, District:- Dhanbad-826001 2026:JHHC:11357 2 4. Block Programme Officer,Baliarpur Block, P.O & P.S-Baliarpur, District:- Dhanbad-826001 5. Block Programme Officer, Govindpuri Block, P.O & P.S- Govindpur, District:-Dhanbad-826001 6. Block Programme Officer, Tundi Block, P.O & P.S-Tundi, District:-Dhanbad-826001 7. Block Programmer Officer, Baghmara Block, P.O & P.S- Baghmara, District-Dhanbad-826001 ....Respondent(s) With W.P. (S) No. 5676 of 2019 --------- 1. Md. Mehfooz Alam s/o Md. Samsul Haque, aged 45+ years resident of Kenduadih, PO & P.S-Kisunda, District-Dhanbad- 826001 2. Md. Zainul Haque s/o Md. Salim Ansari, aged 36+ years resident of Kabirdih, P.O & P.S-Simariatanr, District-Dhanbad- 826001 3. Sudhanshu Shekhar Choudhary s/o Kapil Dev Singh Choudhary,aged about 44 years resident of Bakaspura, Tantri, P.O & P.S-Tantri, District-Dhanbad 4. Akhileshwar Prasad Mahto s/o Dhananjay Mahto, aged 44+ years resident of Chirudih, Topchanchi, P.O & P.S- Tantri, District-Dhanbad-826001. ....Petitioner(s) Versus 1. The State of Jharkhand through, Dy. Commissioner, District Administration, P.O & P.S.-Dhanbad, District:- Dhanbad. 826001 2. The Deputy Development Commissioner, District Administration, P.O & P.S:-Dhanbad, District:- Dhanbad. 826001 3. The State Village Employment, Guarantee Commissioner, P.O & P.S:-Dhanbad, District:- Dhanbad-826001 4. Block Programme Officer, Agyarkund Block, P.O & P.S- Agyarkund, District:- Dhanbad-826001 5. Block Programme Officer, Topchanchi Block, P.O & P.S- Topchanchi, District:-Dhanbad-826001 ....Respondent(s) --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : Mrs. Vandana Singh, Advocate Md. Ashrafuzzaman Khan, Advocate For the Respondent(s) : Mr. Sushant Kumar A.C. to S.C.-II Mrs. Sunita Kumari, A.C. to Sr.S.C.-II Mr. Rakesh Kumar Roy, A.C. to G.A.-III --------- 10/Dated:-18.04.2026 1. Heard learned counsel for the parties. 2. Since all these writ applications arise out of same and 2026:JHHC:11357 3 similar issue, as such, all these writ applications are being decided by this common order. 3. All these writ applications have been preferred by the respective petitioners praying therein for a direction upon the respondent authorities to regularize the services of the petitioners with all consequential benefits as Gramin Rojgar Sewak, as they have worked for more than 10 years service. 4. A supplementary counter affidavit has been filed wherein grounds have been taken that the appointments of these petitioners were under MANREGA which was on contract basis according to the Resolution No.4729 dated 04.06.2007 of the Rural Development Department, Government of Jharkhand. 5. Learned counsel for the petitioners contended that recently the Hon’ble Apex Court in the case of Bhola Nath vs. The State of Jharkhand & Ors.1 and also in the case of Pawan Kumar & Ors. vs. Union of India & Ors.2, has settled the issue of regularization; as such, the instant writ application may be disposed of by directing the concerned respondent to look into the matter and regularize the services of the respective petitioners in the light of the observation given in the case of Bhola Nath (supra) and Pawan Kumar & Ors. (supra). 6. Learned counsel for the respondents relies upon the counter affidavit and submits that the petitioners were contractual employees under MANREGA. 1 2026 INSC 99 2 2026 INSC 159 2026:JHHC:11357 4 7. Having regard to the aforesaid facts and circumstances of the case and looking to the prayer made in all these writ applications, interest of justice would be sufficed by directing the concerned authorities to look into the matter as per the latest judgments passed by the Hon’ble Apex Court and also their own regularization policy. 8. Accordingly, all these instant applications, are hereby, disposed of. The petitioners are directed to file individual representation/s before the Respondent No.1 annexing all relevant documents and the judgments referred to hereinabove as early as possible. The moment the respondent No.1 will receive the representation/s, he shall look into the matter and verify the records of the case and also to the judgments referred to hereinabove and pass an appropriate order. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of copy of this order. Thereafter, the order shall be communicated to the respective petitioners. It goes without saying that if the order is in favour of the petitioners, necessary consequential order also be issued. 9. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) APRIL 18, 2026 vikas/- uploaded 05/05/2026