Balram Singh vs State of Jharkhand And Ors

Heard learned counsel for the parties through V.C.

The instant writ application has been preferred by the petitioner praying for a direction upon the respondent no.4 to consider the claim of the

petitioner for regular appointment on available vacant post of driver in Dumka district after granting proper age relaxation as the petitioner had worked

on daily wages since May, 1983 after being duly selected in the panel called from employment exchange vide Memo No.277 dated 22.02.1993 issued

by the respondent no.4.

Mr. Anjani Kumar Verma, learned counsel for the petitioner submits that the petitioner was appointed pursuant to the interview and driving test held

in the year 1993 which is evident from Memo No.41 dated 06.02.2010 (Annexure-2) issued by the District Nazarat Deputy Collector, Dumka-

respondent no.5. As such, a direction may be issued to the concerned respondent to consider his case for regularization in the district of Dumka. He

further submits that there is no brake in service on daily wages since 1993 and as per Uma Devi case his case should have been considered long ago.

He further submits that the respondents are sitting tight over the representation which had been filed by the petitioner long ago (Annexure-8).

Learned counsel for the respondent-State fairly submits that the matter is very old and the petitioner may be granted liberty to prefer a fresh

representation before the respondent no.4 to consider his case.

In view of the aforesaid facts and limited submissions of the learned counsel for the parties, the instant writ application, is hereby, disposed of by

giving liberty to the petitioner to file a fresh detailed representation before the respondent no.4 within a period of two months. If any such

representation is filed before the respondent no.4; the same shall be considered in accordance with law, rules, regulations and policy decision of the

Government.

It is made clear that since the matter is very old; as such, the decision must be taken within a period of twelve weeks from the date of receipt of

such representation and necessary order shall be communicated to this petitioner.

With the aforesaid terms the instant writ application stands disposed of.