RANCHI, India, Jan. 19 -- Jharkhand High Court issued the following order on Dec. 18:
1. Heard the parties.
2. The petitioner by filing this writ petition has prayed for the following reliefs:
i. For a direction to the respondents to regularize the services of the Petitioner on the post of Computer Operator-cum-Data Entry Operator, in light of the continuous, uninterrupted, and satisfactory service rendered by the Petitioner since 10.12.2007, and in accordance with the Jharkhand Regularization of Services of Employees Appointed on Contract/Daily Wage Basis Rules, 2015, as amended vide Resolution dated 20.06.2019 (Annexure-8).
ii. For a further direction upon the respondent authority to release the pending dues salary of the Petitioner for the period from August 2022 to September 2023, at the fixed rate of Rs. 26,300/- per month, as per the Finance Department's Notification dated 02.06.2017 and subsequent Office Order dated 15.01.2021 (Annexure-12 series), which was in force during the said period and applicable to similarly situated Computer Operators.
iii. For a further direction upon the respondents to restrain the Respondents from removing the Petitioner from service particularly in light of the service provided by the petitioner spanning over 17 years until final adjudication of this writ petition.
3. Relationship of employer and employee has changed and the State is not the employer of this petitioner. The employer of the petitioner is admittedly a private agency i.e. Commando Industrial Security Force. Though the petitioner's work place is same but the employer is Commando Industrial Security Force which is private entity, thus, this Court cannot direct regularization of the petitioner in government service.
4. This writ application is thus dismissed.
5. If the petitioner has got any monetary claim over his erstwhile employer it will be open to the petitioner to pursue the same.
Disclaimer: Curated by HT Syndication.
