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2026 DAILYLAW 23700 (JHR)

RAJU GORAIN v. THE STATE OF JHARKHAND

WPC/5591/2026 · 2026-08-14

Deepak Roshan

body2026

Judgment text

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2026:JHHC:24561 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5591 of 2026 RAJU GORAIN, son of Haru Gorain, aged about 36 years, resident of Kusumkiyari, P.O. Kusumkiyari, P.S. Chandankiyari, District Bokaro (Jharkhand). ... … Petitioner(s) Versus 1.The State of Jharkhand. 2. The Principal Secretary, Dept. of Personnel, Administrative Reforms and Rajbhasha Govt. of Jharkhand, Project Building, P.O. & P.S. Dhurwa, Dist Ranchi 3. The Secretary, Revenue Registration & Land Reform, Govt. of Jharkhand, Project Building, P.O. & P.S. Dhurwa, Dist-Ranchi. 4. The Commissioner, North Chotanagpur Division, Hazaribagh, P.O. & P.S. Hazaribagh, District Hazaribagh. 5. The Deputy Commissioner, Bokaro, P.O. & P.S. Bokaro, District Bokaro. 6. The Additional Collector (Establishment), Bokaro, Ρ.Ο. & P.S. Bokaro, District Bokaro. 7. The Deputy Collector (Establishment), Bokaro, P.O. & P.S. Bokaro, District Bokaro 8. The Circle Officer, Chandankiyari, P.O. & P.S. Chandankiyari, District Bokaro .... … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Ms. Rinku Bhakat, Advocate For the Respondent(s) : Mr. Manish Mishra, GP-V -------- Order No. 2 /Dated: 14th August 2026 The instant writ application has been filed by the petitioners for the following reliefs: “1.i) For direction upon the respondent to regularize the service of the petitioner in the light of Notification No.1348 dated 13.02.2015 [Annexure-2] and Notification No.4871 dated 20.06.2019 [Annexure-2/1] issued by the Department of Personnel, Administrative Reforms and Rajbhasa, Govt. of Jharkhand and considering the judgement of the Hon'ble Apex Court Narendra Kumar Tiwari & Ors. Vrs. State of Jharkhand reported in (2018) 8 SCC 238, Dharam Singh & Ors. Vrs. State of U.P. and Anr. reported in 2025 SCC Online SC 1735 and Jaggo Vs. Union of India & Ors. Reported in 2024 SCC OnLine SC 3826 considering the facts that the petitioner is continuously working since 2015 on sanctioned vacant post of the Sweeper (Safaikarmi) with the 2026:JHHC:24561 2 respondents instead of appointed by the CO, Chandankiyari. ii) For direction upon the respondents to pay all consequential benefits after counting of past service of the petitioner, where the petitioner discharge his work. responsibilities as similar to regular employee. iii) For direction upon the respondents to dispose of the representation dated 11.02.2026 [Annexure 5] for regularization in service, the petitioner is continuously working since 2015 and covered by the judgement of the Hon'ble Apex Court in the case of Jaggo Vs. Union of India & Ors. reported in 2024 SCC OnLine SC 3826 which is pending before the respondents. iv) During the pendency of the writ petitioner shall not remove by the respondents from his work: And/or Pass such other Order or Orders as Your Lordships may deem fit to do proper and conscionable justice to the petitioner.” 2. Learned counsel for the petitioner submits the petitioner is working on sanctioned vacant post of Sweeper (Safaikarmi) but his service has not been regularized. Learned counsel relies on the judgment by the Hon’ble Apex Court in the case of “Jaggo v. Union of India” 1 and “Bhola Nath v. State of Jharkhand”2 and submits that this writ application may be disposed of with liberty to the petitioner to approach the concerned respondent who shall take a decision in the matter in the light of above referred cases. 3. Learned counsel for the respondents submits that since no counter affidavit has been filed, as such the petitioner may approach the concerned respondent for redressal of his grievance. 4. Having regard to the aforesaid, the instant writ application is hereby disposed of by directing the petitioner to approach the 5th Respondent by filing a detailed representation along with all relevant documents and the judgments to be relied upon by him. The moment the 5th Respondent receives the representation, he shall look into the matter and after verification of the record, take a decision in the matter with regard to the claim raised in the writ application in accordance with law and applicable rules and regulations by passing a reasoned and speaking 1 2024 SCC OnLine SC 3826 2 2026 SCC OnLine SC 129 2026:JHHC:24561 3 order. The entire exercise shall be completed within a period of 10 weeks from the date of receipt of such representation. 5. It goes without saying that if the claim of the petitioner is found to be genuine, necessary consequential order be issued within a fur- ther period of 3 weeks. 6. It is made clear that since the petitioner is working, he shall not be disengaged from service and shall receive regular remuneration, what he is getting today. 7. Pending I.As, if any, also stand disposed of. (Deepak Roshan, J.) 14th August 2026 Amit Uploaded on 20/08/2026