VIKASH YADAV Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) The petitioner has approached this Court seeking a direction upon the respondents for appointment on a Grade-IV post in Pakur district.

(2.) The brief facts of the case are that, the petitioner has been working as Jeep Driver on daily wages since 24.12.2004. Advertisement no. 1/2010 was issued for which the examination was held on 28.10.2012. The petitioner belongs to category BCII. A panel was prepared on 16.11.2012 and it appears that one Md. Tanzim Alam who was selected in the category of BCII declined offer of appointment. The petitioner who was put at serial no. 1 in the waiting list was expecting the offer of appointment, however, in place of petitioner, one Anil Kumar Yadav was appointed under the category BCII and therefore, the petitioner has approached this Court.

(3.) A counter affidavit has been filed taking a plea that since all the posts have been filled up and pursuant to an order passed by this Court on 20.03.2012 in W.P.(S) No. 3169 of 2008, one Anil Kumar Yadav was appointed in the category BCII, the petitioner could not be appointed though, it has been admitted that he was at serial no. 1 in the waiting list. It is stated in the counter affidavit;