1. By filing this writ petition, the petitioners have prayed for the following reliefs :-

                  “(i) To direct the respondents, in particular respondent nos. 2 and 3 to regularise the services of the petitioners, as all the petitioners are working under respondent no.2 for last much more than ten years.

                  (ii) To also direct the respondents in particular respondent nos. 2 and 3 to extend the benefits of regular employees to the petitioners, such as minimum basic pay, dearness allowance, house rent allowance, conveyance allowance, medical allowance, provident fund and all other admissible benefits including 7th pay revision, which are being paid to 47 Daily Wagers and 10 Security Guards, as also 02 Drivers, posted in Jharkhand Academic Council (respondent no.2).”

2. Heard learned counsel representing the petitioners and learned counsel representing the respondents.

3. Brief facts of the case are as follows:-

                  3.1 Pursuant to decision dated 26.06.2006 of the Jharkhand Academic Council (JAC), Ranchi, the JAC had issued an Advertisement being Advertisement No.68/2006, under the signature of the Secretary, Jharkhand Academic Council, Hawainagar, Birsadih, Ranchi, inviting the eligible candidates for seasonal appointment on daily wages in Class-III posts, in different categories on different dates, through Walk-in-Interview.

                  3.2. The petitioners vied for the aforesaid Walk-in-Interview and claim that they were appointed on different dates, thus they accordingly tendered their joining on their respective posts.

                  3.3. Vide Annexure-2 (series), the appointment of petitioner No.-1 got accepted by the Chairman, JAC and got approved in the next meeting dated 31.08.2006, and the entry to that effect was made in the file. Similarly, entry with respect to the appointment had been made for petitioner Nos.9, 11 and 13.

                  3.4. The petitioners in this writ petition have claimed parity with 47 plus 12 persons who have been appointed in the same mode as that of these petitioners and later they have been regularized and accordingly have been extended the benefits granted to regular employees. The details of benefits granted to those 47 plus 12 persons as given in this writ petition are as follows:-

                  (i) The basic pay plus dearness allowance to the 47 Daily Wagers of different categories, posted in the Jharkhand Intermediate Education Council, have been approved vide Office Order as contained in Memo No.JIEC/SECY/0050-2002 Ranchi, dated 07.01.2002, issued under the signature of Secretary, Jharkhand Intermediate Education Council.

                  (ii) The Jharkhand Academic Council in its meeting held on 16.12.2004, approved extension of benefits to the Daily Wage employees such as house rent allowance, conveyance allowance, medical allowance etc., and in the light of the aforesaid decision, an Office Order as contained in Memo No.JAC/OSD/0497/04 Ranchi, dated 16.12.2004, was issued.

                  (iii) Similarly, vide Office Order as contained in Memo Nos.JAC/403/06 dated 11.02.2006, the benefits of leave encashment and medical allowance were extended to those persons who have completed ten years of service and their service books were also opened.

                  (iv) Further, vide Office Order as contained in Memo No. JAC/995/06 dated 02.06.2006, the benefits of regular employees were extended to 10 Security Guards and 02 Drivers.

                  (v) The Chairman, Jharkhand Academic Council, Ranchi, wrote a letter dated 27.09.2008 (Annexure-8 to the writ petition) to the Accountant General (Audit) Jharkhand, (Local Audit Wing), Ranchi, with regard to irregularities in engagement of Daily Wages staff recruited between 2006-07. In the said letter, after discussing about the publication of aforesaid Advertisement and Walk-in-Interview of these petitioners, provisions of Article 13(4) of JAC Act (200), allocation of fund in the Budget (2006- 07), had concluded that no irregularities were done in engagement of Daily Wages Workers.

                  (vi) Vide Office Orders as contained in Memo Nos.JAC/5250/08 Ranchi, dated 20.11.2008 and JAC/1413/16/ Ranchi, dated 31.03.2016, benefit of ACP has been extended to 43 daily wagers on completion of their twelve years of service.

                  3.5. It is the case of the petitioners that they filed numerous representations for regularisation or even for extension of similar benefits as the regular employees, as has been extended to 47 plus 12 similarly situated persons, but in vain. One of such representations dated 10.07.2020 written before the Chairman, Jharkhand Academic Council, Ranchi, has been brought on record in this writ petition as Annexure-13. Now, they moved before this Court.

4. Learned counsel representing the petitioners submitted that the cases of the petitioners stand on a better footing than those 47 plus 12 persons as they have been appointed pursuant to the Advertisement, followed by Walk-in-Interview and after following due process and having worked for more than ten years, hence these petitioners are also entitled for regularization in their services with benefits thereof. He submitted that the action of the respondent Authorities in not considering the case of the petitioners is arbitrary and violative of Article 14 & 16 of the Constitution of India. He refers to the judgment of the Hon’ble Supreme Court in the case of Om Prakash Banerjee Vs. State of West Bengal & Ors. reported in (2023) 20 SCC 93.

5. Learned counsel representing the respondents submitted that the petitioners had not been appointed on sanctioned and vacant post, rather they were on contractual appointment, for which remuneration is payable on daily wage basis. He submits that the initial basic pay and dearness allowance that was paid to 47 daily wagers was sanctioned. He placed reliance on the judgments of the Hon’ble Supreme Court in the case of Tej Prakash Pathak Vs. High Court of Rajasthan reported in (2025) 2 SCC 1, and Joshi Technologies International Inc. Vs. Union of India reported in (2015) 7 SCC 728.

6. In the supplementary affidavit filed on behalf of the petitioners, the petitioners have brought to notice a similar writ petition being W.P.(C) No.2122 of 2020, which is pending before this Court, wherein the counter affidavit filed in the said writ petition, the JAC has admitted that there are total 352 posts sanctioned in the JAC by the Memo No.331 dated 28.01.2009.

7. After hearing the parties and going through the materials available on record, this Court prima facie finds that the petitioners are working for nearly two decades and the work performed by them can be said to be perennial in nature. The case of the petitioners is that the nature of job being discharged by them is not only equal to those 47 plus 12 persons, rather more onerous than the nature of job which was being discharged by them. Further, as per the petitioners, similarly situated person have already been regularized by the respondents.

8. Considering the aforesaid facts and the submission made, I direct the petitioners to file a fresh individual representation along with all the relevant documents in their favour, before respondent No.3 – Secretary, Jharkhand Academic Council, Ranchi, within four weeks.

9. On receipt of such representation, the respondent No.3 will consider the case of the petitioners and will decide the claim within a period of six weeks, as per law.

10. If the petitioners are found entitled to any benefit, their case for regularization and other service benefits, must be considered within four weeks thereafter.

11. If any part of the claim / representations is rejected, a reasoned order should be communicated to the petitioners.

12. With the aforesaid directions, this writ petition stands disposed of.

13. Pending interlocutory application being I.A. No.12979 of 2025, also stands disposed of.