IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1914 of 2003
Jai Narayan Das & ors. ...... Petitioners
Vrs.
State of Jharkhand & ors. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
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For the petitioners: Mr. Subodh Kr. Jha, Advocate
For the State: Mr. Rabindra Prasad, JC to GP-IV
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02/ 28.11.2008
The present writ petition has been filed for issuance of an
appropriate writ, order or direction in the nature of mandamus
commanding upon the respondents to consider the case of the
petitioners for appointment against Class IV posts, considering
them as a retrenched government employee under respondent
no.4, giving them weightage in view of the order passed by the
Hon’ble Supreme Court of India in Special Leave to Appeal
(Civil) No. 11349 of 1994 dated 12.1.1994 and as much as the
order passed by this Hon’ble Court in W.P.(S) No. 2010 of 2002
and W.P.(S) No. 914 of 2002, disposed on 26.3.2002 and
4.2.2002 respectively and further for a direction to the
respondents to appoint them after such consideration in the
recent process of selection under respondent no.3, the Deputy
Commissioner, Deoghar, District-Deoghar for the ends of justice
and equity.
It appears that in first round of litigation the writ petition
preferred by the petitioners was dismissed by this High Court in
W.P.(S) No. 2010 of 2002 vide order dated 26.3.2002 and
thereafter Special Leave Petition was filed, which was also
dismissed by the Hon’ble Supreme Court in S.L.P.(Civil) No.
11349 of 1994 dated 12.1.1994. The petitioners have thereafter
filed the present writ petition.
After some argument learned counsel for the petitioners
submits that at least they should be considered in the light of
the observations, made by the High Court with regard to
relaxation of age. The High Court in its order clearly indicated
that if the petitioners apply and are eligible depending upon the
vacancy they can be considered.
It goes without saying that if the vacancy arises the
respondents will consider the claim of the petitioners in
accordance with law, if they are otherwise found eligible.
This writ petition is accordingly, disposed of.
(Ajit Kumar Sinha, J.)
A.K.Verma/