IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 6222 of 2002
Shri Rupai Manjhi .... ..... ..... Petitioner
-- Versus --
Damodar Valley Corporation & Ors. ...... Respondents
....
CORAM: THE HON'BLE MR. JUSTICE AMARESHWAR SAHAY
----
For the Petitioner : Mr. Mahesh Tiwari
For the Respondents : M/s S.K. Ughal, T. Kabiraj
05/ 19.08.2009
Heard the parties.
The petitioner had approached this Court earlier in C.W.J.C. No.
1087 of 1999 (R) making a grievance that he was illegally refused
appointment under the Displaced Persons’ Quota on the ground that his one
of the brother namely Avinash Tudu was already under the employment of
Damodar Valley Corporation, and therefore, the petitioner was not entitled to
be appointed under the Displaced Persons’ Quota. This Court by order dated
19.02.2001 as contained in Annexure-8 to this writ-petition held that the
petitioner’s right for being appointed under the Displaced Persons’ Quota
cannot be said to have been forfeited after appointment of his brother in
1991 who was appointed on regular basis on the basis of an open
advertisement and not under Displaced Persons’ Quota. Consequently, the
order refusing to appoint the petitioner was quashed, and the matter was
remitted back to the Corporation with the direction to consider the case of
the petitioner for his appointment under the Displaced Persons’ Quota.
The grievance of the petitioner in this writ-petition is that in spite
of the specific findings and direction to the Corporation to consider the
grievance of the petitioner for his appointment in Displaced Persons’ Quota,
the authority concerned has again refused to appoint the petitioner on the
same very ground on which it was also earlier rejected and the same was
quashed by the High Court.
Learned counsel for the respondent-corporation could not show
that this time the claim of the petitioner was refused on any other ground,
except the ground on which it was earlier rejected.
In this view of the matter the impugned order as contained in
Annexure-9 to this writ-petition cannot be sustained, and accordingly, the
same is, hereby, quashed, with specific direction to the respondent-
corporation to offer appointment to the petitioner on the suitable post under
the Displaced Persons’ Quota within a period of six weeks from the date of
receipt /production of a copy of this order.
(AMARESHWAR SAHAY, J.)
SI/