LAWS(ORI)-2009-1-77

RAJ KISHORE BEHERA Vs. DISTRICT JUDGE AND ANR.

Decided On January 05, 2009
Raj Kishore Behera Appellant
V/S
District Judge and Anr. Respondents

JUDGEMENT

(1.) THIS writ petition has been filed for seeking a direction to the opposite parties to appoint him as a candidate peon in the judgeship of Sambalpur -Jharsuguda -Deogarh.

(2.) THE facts and circumstances giving rise to this case are that on the basis of an interview a merit list containing 38 names for appointment of candidate peons in the judgeship of Sambalpur was prepared on 28.8.2002 under Annexure - 2. In the said merit list the name of Petitioner found place at serial No. 33. Out of 38 selected candidates, 20 candidates were immediately enrolled as candidate peons in 2002 and during 2003 ten candidates left the service and against the said vacancies the persons selected at serial Nos. 21 to 30 were appointed. Grievance of the Petitioner is that though in 2003, 4 vacancies occurred for appointment of candidate peons and he has made a representation for his appointment the opposite parties have not considered the same as yet. Further the Petitioner claims to be a candidate belonging to reserved category and under the Orissa Reservation of Vacancies for S.C. and S.T. Act, 1975 he is entitled to get an appointment.

(3.) IT has been submitted by the learned Counsel for the Petitioners that in view of the provisions contained in the G.R. & CO. the Petitioner has a right to be appointed as a candidate peon and the select list once prepared remains alive till the next selection is held and the appointing authority is bound to offer appointment to those in the select list whenever the vacancy occurs prior to the next selection.