Bipin Kumar vs State of Jharkhand and Others

Prashant Kumar, J.—This application has been filed for issuance of a direction commanding the Respondents to consider the case of the petitioner for regularization on the class-IV post. It is stated that petitioner was appointed in the year 1988 by the Executive Engineer as daily wages employee in Public Health Engineering Department and since then petitioner is working on the said post. Thus, he is entitled for regularization. It is further stated that petitioner along with others had filed a writ application, bearing W.P. (S) No. 2971 of 2001, wherein a Bench of this Court directed the Secretary, P.H.E.D. Department, Government of Jharkhand, Ranchi to prepare a scheme for regularization of daily wages employee and if such scheme is prepared, daily wages employee be given preference over the outsiders. It appears that even after the aforesaid order, no such scheme framed. Therefore present writ application filed by the petitioner.

Petitioner has nowhere stated in the writ application that he was appointed as daily wages employee on a sanctioned post. There is nothing on record to show that appointment of petitioner was made after following the procedure for appointment. Under the aforesaid facts and circumstance, as per the judgment of Hon''ble Supreme Court in Secretary, State of Karnataka and Others Vs. Umadevi and Others, , petitioner has no legal right to be appointed on regular basis. Thus, I find no merit in this writ application, Accordingly, same is dismissed.