Jharkhand High Court Rejects Plea Seeking Regularization Of Persons Employed Under MNREGA

The Jharkhand High Court has dismissed a writ plea moved by 39 persons working on the sanctioned post of Gram Rojgar Sewak under the MNREGA scheme for more than 10 years seeking regularization of their employment.

The Bench of Justice Anubha Rawat Choudhary observed that the petitioners have not produced or placed on record any scheme for regularization of persons employed under MNREGA.

Essentially, 39 petitioners from district Ranchi had moved to the Court claiming that their applications for consideration of regularization under the MNREGA scheme were not being accepted, but similar applications were being accepted in other districts of the State of Jharkhand.

It was the argument of the counsel appearing on behalf of the petitioners that the respondents-State of Jharkhand cannot be selective in considering the regularization of MNREGA employees.

On the other hand, the counsel appearing on behalf of the respondents submitted that the impugned order had been rightly issued, in as much as, the employment under MNREGA is purely contractual.

It was further argued that the persons are employed only for a period of one year and then, their employment is terminated and they are employed as and when they are required.

lastly, it was submitted that the employment under MNREGA is guided by the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 and therefore, there is no question of regularization of these persons and as on date, there is no scheme for regularization of such persons.

After hearing the counsel for the parties and considering the facts and circumstances of this case, the Court observed that the petitioners have not produced or placed on record any scheme for regularization of persons employed under MNREGA.

"It is not in dispute that such persons are governed by the Act namely Mahatma Gandhi National Rural Employment Guarantee Act, 2005. It is sufficient to observe that if ever the respondents come up with any such scheme for regularization of MNREGA employees, they cannot be arbitrary and selective. If any such occasion arises later, the petitioners may have their remedy in accordance with law," the court observed as the petition was disposed of.

Case title - Mrityunjay Kumar and others v. State of Jharkhand and others

Citation: 2022 LiveLaw (Jha) 32

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