R.R.PRASAD, J. - (1.) This writ application has been filed on behalf of the petitioner for issuance of a writ in the nature of mandamus, directing the respondent No. 7 to issue, appointment letter in favour of the petitioner, pursuant to recommendation made by the Deputy Commissioner, Dhanbad vide letter No. 52 of dated 24.1.2007 (Annexure 7) in the light of the Government letter No. 1096 dated 27.7.2002 (Annexure 5) and also Government letter No. 49 dated 28.2.2006 (Annexure 6) issued by the Secretary, Science and Technology Department, Government of Jharkhand, respondent No. 4.
(2.) THE case of the petitioner is that an advertisement (Annexure 3) issued by Deputy Commissioner, Dhanbad was published In the daily newspaper on 28.10.2005 inviting applications from the eligible candidates for the appointment on class IV post in different offices in the district of Dhanbad. Pursuant to that, petitioners and others including those persons, who had earlier been impanelled applied for. The petitioner on passing written test etc. were selected an accordingly, a panel of the successful candidates was published on 23.4.2006. Subsequently, Deputy Commissioner, Dnanbad in compliance of the direction Issued by the Secretary, Science and Technology Department, Government of Jharkhand under letter No. 1096 dated 27.7.2002 (Annexure 5) and also letter No. 49 dated 28.2.2006 (Annexure 6) made recommendation for appointment of the petitioner and others on the class IV posts, at BIT, Sindri vide letter No. 52 dated 24.1.2007 (Annexure 7). When respondent No. 7, Director, BIT, Sindri did not take any action, the Deputy Commissioner again under letter No. 186 dated 22.2.2007 (Annexure 8) made request to take action in the matter of appointment and thereupon respondent No. 7 made appointment to some of them whose names were down below in the merit list in other words, junior to the petitioner which action of the respondent No. 7 is not only arbitrary but also discriminatory.
(3.) THE stand of the Deputy Commissioner (respondent No. 6) and others is that earlier one penal had been prepared by the District Administration, Dhanbad in the year 1992 for appointment on class IV posts at BIT, Sindri but in that panel ward servant working from before had not been impanelled. Some of them moved before the Hon'ble Supreme Court and even to this Court and under the direction of the Court, their names were included in the panel but could not be appointed due to some reason or other. However, they also applied when the advertisement was issued in the year 2005 and keeping in view the earlier direction given by the Court, they were also impanelled in the select list prepared in terms of the advertisement issued in the year 2005.;