SURENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application, prayer has been made for a direction for issuance of a writ in the nature of mandamus commanding upon the Respondents to consider the application of the petitioner for appointment on the post of Peon within a specified period.

(2.) PETITIONER 's case in brief is that sometime in the year 1987, he was appointed as Peon in the Central Cooperative Bank, Deoghar. Later, when the appointment of the petitioner was cancelled by the Respondent -authorities, he had preferred a writ application before this Court vide C.W.J.C. No. 1974 of 1990 against the order of cancellation. By order dated 13.8.1993, passed in the aforesaid writ application, the petitioner's appointment was confirmed and the Respondents were directed to consider the application of the petitioner whenever any vacancy arises in respect of the aforesaid posts. Learned counsel explains that by virtue of the order dated 13.8.1993, passed in the aforesaid writ application, a copy of which has been annexed as Annexure -A to the counter affidavit, the Respondents were directed to publish advertisements for filling up the posts of Peons in the different branches of Deoghar Jamtara Central Cooperative Bank. While prohibiting the Respondents from making any appointment on temporary basis, the Court had directed the Respondents to consider the case of the petitioner, if he applies in response to the advertisement.

(3.) COUNTER affidavit has been filed on behalf of the Respondent NO.4, stating and explaining that although in the earlier writ application, a direction has been given that as and when the Bank wants to fill up the post of peons in the Bank, the same should be filled up after advertising the posts and to consider the case of the petitioner if he applies in response to the advertisement. But no such vacancies were advertised nor was the process for filling up the existing vacancies in accordance with the procedures undertaken till date. It is also sought to be explained that as many as 137 employees of the Daltonganj Cooperative Bank were adjusted against the existing vacancies in the other Branches of the Cooperative Bank but this was done pursuant to a policy decision taken by the State Government on the ground that the employees of the, said Bank had been facing the threats of the retrenchment on account of the Bank going in liquidation.