Chandrashekhar, J. - (1.) The petitioner has approached this Court seeking a direction upon the respondents for appointment on a Grade-IV post in Pakur district.
(2.) The brief facts of the case are that, the petitioner has been working as Jeep Driver on daily wages since 24.12.2004. Advertisement no. 1/2010 was issued for which the examination was held on 28.10.2012. The petitioner belongs to category BCII. A panel was prepared on 16.11.2012 and it appears that one Md. Tanzim Alam who was selected in the category of BCII declined offer of appointment. The petitioner who was put at serial no. 1 in the waiting list was expecting the offer of appointment, however, in place of petitioner, one Anil Kumar Yadav was appointed under the category BCII and therefore, the petitioner has approached this Court.
(3.) A counter affidavit has been filed taking a plea that since all the posts have been filled up and pursuant to an order passed by this Court on 20.03.2012 in W.P.(S) No. 3169 of 2008, one Anil Kumar Yadav was appointed in the category BCII, the petitioner could not be appointed though, it has been admitted that he was at serial no. 1 in the waiting list. It is stated in the counter affidavit; 6. "That most humbly and respectfully it is stated and submitted that the petitioner has prayed for direction to the respondent to appoint his as 4th grade employee in Pakur District against the vacant post created as because one Sri Tanzim Alam who has been appointed put of BC2 category has denied to join it is further asserted that the name of the petitioner finds place at Sl. No. 2 of BC2 category and as the matter of fact the said vacancy created on denied to join by said Tanzim Alam has already has been filled up by a candidate namely Anil Kumar Yadav on the ground of disability against the Kota of BC2 category. As such, in fact, no vacancy has been available at present indeed. So far as annexures as mention in the petition are concerned those are matter of records and needs no comments. 11. That with regard to the statement made in para 15 of the writ petition it is most humbly and respectfully stated and submitted that considering the actual facts and circumstances it will be evident that no vacancy is available in the event of denial to join by one Tanzim Alam as in his place a candidate of handicapped kota of BC2 category has been appointed in pursuance of Hon'ble High Court order as mentioned order and such the petition is fit to be dismissed.";