MD.SHAKIL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONERS have been appointed on Class IV posts by the District Establishment Committee, Hazaribagh under the Chairmanship of Deputy Commissioner in the light of the order passed by this Court in L.P.A. No. 455 of 2005. The grievance of the petitioners is that the respondents are not accepting their joining.

(2.) COUNTER affidavit has been filed by one Abhay Kumar Sinha, Nazarat Deputy Collector, Hazaribagh. It has been admitted that the petitioners are duly selected by the competent authority i.e. the District Establishment Committee and direction was issued to the respondent nos. 8 to 11 to allow the joining of the petitioners. Even the meeting of the Establishment Committee was held on 8.11.05, in which respondent nos. 8 to 11 also participated and they agreed to accept proceedings of the meeting and allow the joining of the recommended candidates. It is further mentioned that these appointments were made after the vacancy position was ascertained from the respondent nos. 8 to 11. Even further direction was issued to take necessary action to implement the direction of the High Court in W.P.(S) No. 6669 of 2004 and L.P.A. No. 455 of 2005 dated 18.7.2005. It is, accordingly, stated that it is respondent nos. 8 to 11, who are not implementing the order. J.C. to S.C. Mines, who appears for all the respondents, submits that respondent nos. 8 to 11 are required to carry out the direction and to make appointments. No affidavit has been filed on behalf of respondent nos. 8 to 11 though they are represented by the learned Counsel. I fail to appreciate this stand of the respondents. If the Establishment Committee has made the selection after ascertaining the vacancies and selected the candidates, respondent nos. 8 to 11 have no business to refuse the joining/appointment of the selected candidates, particularly in view of the directions issued by the Establishment Committee and other functionaries.