IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 82 of 2009
Jaipal Mahli & Others ... ... ... Appellants
Versus
State of Jharkhand & Others... ... ... ... Respondents
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CORAM: THE HON'BLE MR. JUSTICE M. Y. EQBAL
THE HON'BLE MR. JUSTICE D.K. SINHA
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For the Appellants: M/s Sujit Narayan Prasad,
Birendra Burman, Absishek
For the Respondent: M/s Ramesh Kumar Singh G.P. IV,
Lukesh Kumar JC to G.P. IV.
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12/ 17.03.2009
This appeal has been filed against the judgment dated
5.01.2009 which reads as under:-
” The present writ petition has been
preferred for issuance of an appropriate writ, order
or direction commanding upon the respondents to
forthwith appoint the petitioners in Class-IV post
within the district of Gumla in pursuant to the
direction of Hon’ble Court passed in C.W.J.C. No.
166 of 1994 ® whereby and whereunder this
Hon’ble Court has been pleased to direct the
respondent no. 2, th Deputy Commissioiner, Gumla
to consider the case of the petitioners also along
with th eligible candidates in accordance with law
when the vacancies are decided to be filled up, the
respondents have advertised the post to make
appointment on the post of Class-IV but without
considering the case of the petitioners.
The counsel for the respondents in their
counter affidavit has specifically stated that no
appointment has been made thereafter except for
compassionate appointment and as and when fresh
appointment will be made the case of the petitioners
will be considered in accordance with law.
Even otherwise, the present petition is not
maintainable since the direction issued by this
Hon’ble Court in C.W.J.C. No. 166/94(R ) dated
2.3.1994 was only to consider the case of the
petitioners along with other eligible candidates in
accordance with law as and when the vacancies are
directed to the filled up.
Considering the aforesaid facts and
circumstances of the case, no mandamus can lie and
accordingly this writ petition is dismissed.
We do not find any error in the impugned judgment. This
appeal is dismissed.
(M. Y. Eqbal, J)
( D.K. Sinha , J)
Alankar/-