NARAYAN ADDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The writ petition has been preferred to appoint the petitioner as per his educational qualification in Grade-IIIrd and IVth post anywhere in the category of fully displaced person of Subarna Rekha Multi Purpose Project, Chandil as per policy applicable in the department.

(2.) The petitioner is claiming himself to be displaced person under the said Project. He had earlier moved this Court in W.P. (C) No. 4621 of 2003 for the same relief that he is not being considered for appointment as per rehabilitation policy of December, 1990 and December, 2002 and if necessary, his age be relaxed. The said writ petition was disposed of without entering into the merit of the case by giving liberty to the petitioner to approach, the Administrator, Subarna Rekha Multipurpose Project, Adityapur by observing that the Administrator may decide the claim of the petitioner within the stipulated time of three months. The said representation of the petitioner has been decided vide reasoned order dated 20.3.2009, Annexure-C to the counter affidavit filed on behalf of the respondents and the respondents have taken a stand that the petitioner is son of holder of Vikas Pustika No. 2622 in the name Sundariwala Poddarin and Vishakha Poddarin, w/o Late Bhim Chandra Addi. It is stated that as per clause 9.2 of Revised Rehabilitation Policy, 2003, there are few vacant posts in the Government of Jharkhand compared to numbers of displaced persons so it is only possible to provide service to a limited number of displaced persons. Therefore, it is their considered stand that when the process of appointment in Water Resources Department will begin the petitioner alongwith other displaced persons will be given priority in the appointment for the post of Class-IIIrd and IVth employee. Learned counsel appearing on behalf of the respondents also submits that in view of the aforesaid position, reasoned order was passed on 20.3.2009 in compliance of the order passed in W.P. (S) No. 4621 of 2003 and in Contempt Case No. 218 of 2004. At the same time, mother of the petitioner was requested to receive the payment of self-employment grant of Rs. 75,000/- but she refused the same. She only wants service for her son i.e. the petitioner.

(3.) The petitioner in response has also filed rejoinder having annexed certain documents which are issued by the Public Information Officer, Subarna Rekha Multi Purpose Project, Chandil on 23.8.2010 which shows that there are 70 vacant posts available in Class-IV and 46 posts in Class-III. Other documents also annexed show that 108 posts are vacant in the office of Chief Engineer, Icha Galudih Complex, Adityapur, Jamshedpur. He has also enclosed letter dated 9.6.2010 issued under Right to Information Act, 2005 by the Special Land Acquisition Officer, Mango, Jamshedpur of the said project, which shows that there are 13 vacant posts out of total sanctioned posts of 84 in different grades. He has also enclosed the paper cutting, which shows different vacancies existing in different departments of the State. Against the Water Resources Department, the vacancies shown in the paper cutting is 3888. In the circumstances, learned counsel for the petitioner submits that the respondents should not keep the matter lingering and should take a proper decision to give appointment to the persons like the petitioner, who are fully displaced persons in the said project.