IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.4716 of 2006
Binod Kumar Saw ... Petitioner
Versus
The State of Jharkhand & Others Respondents
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CORAM: HON'BLE MR. JUSTICE SUSHIL HARKAULI
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For the Petitioner: Mr. Bijaya Kishore Prasad
For the Respondents: J.C. to G.A.
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04/13.08.2009
The petitioner had been selected by the respondent No.1 for
Class-IV post and recommended for appointment under respondent
No.3 but has not been allowed to join. The respondent No.1 has filed
a counter affidavit admitting the petitioner’s claim and also saying that
the petitioner was at serial No.1 of the merit list and has been
recommended for being appointed under respondent No.3 but the
respondent No.3 has not allowed the petitioner to join. Respondent
No.1 states in paragraph No.7 of his counter affidavit that the
respondent No.3 alone can explain why he has not allowed the
petitioner to join. On behalf of respondent Nos.2, 3 and 4 a common
counter affidavit has been filed in which it has been stated that
because certain persons had approached the High Court for
regularisation, therefore, the petitioner has not been allowed to join.
The excuse given in the counter affidavit of the respondent
Nos.2, 3 and 4 does not appear to be sufficient. The petitioner has
been duly selected and recommended for appointment. He has to be
given his due place in the vacancy for which he has been selected by a
public advertisement. All other persons, who are claiming
regularisation, have to be accommodated, if they have an order to that
effect from the Court, against separate vacancies or supernumerary
posts if there are no vacancies, but the petitioner cannot be denied
appointment on that score.
This writ petition is, therefore, allowed. The respondent No.3
i.e. Superintending Engineer, Gram Abhiyantaran Sangathan Vibhag,
Hazaribagh is directed to allow the petitioner to join immediately upon
production of this order for the vacancy for which he was selected.
(Sushil Harkauli, J.)
NKC