PANKAJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court for quashing the order dtd. 3/12/2015 issued by the respondent no.4-Principal Secretary, Road Construction Department, Government of Jharkhand. The petitioner has further prayed for a direction upon the Respondents for his appointment on Class-Ill and IV post in the Mechanical Wing of the Road Construction Department in terms of the order dtd. 27/11/1999 passed in C.W.J.C. No. 2338 of 1998(R) as modified by order dtd. 16/12/1999.

(2.) The brief facts of the case, as disclosed in the writ application is that the petitioner joined his services in the year 1996. Similarly situated persons approached this Court in C.W.J.C. No. 2338 of 1998 (R) and by order dtd. 27/11/1999, the writ petition was disposed of with a direction to the Respondent-State of Bihar to take necessary steps for filling up the vacant post in 'Road Construction Department'. The said order was modified by order dtd. 16/12/1999, whereby benefit of the age "relaxation was granted and it was also pointed out that the length of past service of such persons should be taken into consideration for grant of appointment. It has been submitted that vide order dtd. 7/4/2006 (Annexure-6 to the writ petition) the Chief Secretary has specifically directed the authorities to consider the claim of all the petitioners of C.W.J.C. No.2338 of 1998(R) if they fulfill all the requirements. An advertisement was issued in compliance of the order passed by the Court in C.W.J.C. No. 2338 of 1998 (R) and the petitioner also duly applied for appointment on the Class-lV post. However, the petitioner was not granted an appointment and therefore, the petitioner made representation to the respondents, however, as the representation of the petitioner was not decided, the petitioner has approached this Court by filing the present writ petition.

(3.) Learned counsel for the petitioner submitted that in pursuance to order passed by this Court name of the petitioner finds place at Serial no.98, vide Annexure-6 to the writ application, whereas one Ruby Kumari who was at Serial No.101 of the said panal approached this Court in W.R(S) No.7386 of 2012, which has been disposed of vide order dtd. 18/9/2013 wherein respondents have been directed to grant appointment to the petitioner and the case of the petitioner is squarely covered by the aforesaid decision.