S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioner for a direction on the respondents to consider his case for appointment to the post of Peon in the District Court, Godda. Further prayer has been made to set aside the order of appointment, issued in favour of 3rd respondent Rajesh Kumar Hansda on the ground of illegal appointment.
(2.) ADMITTED facts of the case are that the respondents issued advertisement for appointment against class IV posts of Peon and equivalent posts in different Judgeships, including the Judgeship of Godda. Petitioner alongwith others applied for appointment against Class IV post and by letter dated 5th April, 2002 he was asked to appear at viva -voce test/interview on 30th April, 2002 in which he appeared. Grievance of the petitioner is that though his name is appearing at serial No. 17 of the waiting list and the persons, including those, whose names are appearing in the waiting list, have been appointed in January, 2003, no order of appointment has been issued to him. Further grievance of the petitioner is that though the Jharkhand High Court from its Administrative side vide letter dated 23rd September, 2003 released certain more Class IV posts of Peon, Process Server, Night -guard etc. and ordered to make appointment out of the existing panel, against those posts while others have been appointed, without appointing the petitioner, 3rd respondent, Rajesh Kumar Hansda has been appointed on compassionate ground. It is alleged that one of the brothers of 3rd respondent, in the meantime, was appointed against Class IV post of Peon and compassionate appointment of 3rd respondent was not permissible. As per the High Court 's direction from its Administrative side, the post should have been filled up from amongst the existing panel.
(3.) IT is also alleged that the 4th respondent Sadhna Jha has been appointed on compassionate ground, though as per the Administrative order of the High Court, Class IV posts were to be filled up by direct recruitment.;