- (1.) THE present writ petition has been preferred for grant of an appropriate writ in the nature of certiorari, order or direction to quash the order contained in memo No.114 dated 01.11.2007 whereby the respondent No.4 purported to have rejected the application of the petitioner for his promotion to the post of Panchayat Sewak without considering the direction as contained in order dated 30.8.3007 passed by the Honble High Court in W.P.(S) No.3684 of 2005. It has further prayed for issuance of an appropriate writ in the nature of mandamus commanding upon the respondents to promote the petitioner on the post of Panchayat Sewak from the date of eligibility with all consequential benefits.
(2.) THE facts, in brief, as stated by the petitioner are set out as under: - The petitioner was appointed upon selection on 6.7.1983 to the post of Dalpati by the Executive Committee of Achlanawadih Gram Panchayat. The appointment of the petitioner in the post of Dalpati was confirmed by the district level committee on 20.5.1984 and the petitioner was sent for training for the post of Panchayat Sewak on 21.10.1987 which he completed on 21.12.1987 and memo No.24 dated 9.3.2000 was issued with regard to the seniority list of the working Dalpaties of different panchayats in the district of Garhwa and the name of the petitioner figured at serial No.9 of the said seniority list along with his details. The case of the petitioner was that the post of Panchayat Sewak were formed in the district of Garhwa but the same was not being filled up even though they were qualified. This led to filing of a writ petition (S) No.5307 of 2001 by the petitioner and one another and the same was disposed of vide an order dated 16.10.2001 with a direction upon respondent No.3 to finalise the matter of selection within four months. The petitioner, on non -compliance of the aforesaid direction filed a Contempt Petition (C) No.356 of 2002 which was disposed of by an order dated 15.7.2002 with a direction to comply the aforesaid order passed by the Honble High Court. The petitioner further submits that the Secretary, Rural Development Department issued direction upon the Deputy Commissioner and further by an order dated 18.8.2003 issued vide memo No.967 the respondent No.2 directed all the authorities to comply with the direction of the Honble High Court in matters of appointment to the post of Panchayat Sewak. Accordingly the case of the petitioner along with others were sent for consideration for condonation of their age limit vide letter No.244 dated 13.12.2003 and finally vide order contained in memo No.342 dated 26.3.2004 the petitioner case for relaxation was declined. The petitioner, being aggrieved filed a Writ Petition (S) No.3684 of 2005 challenging the aforesaid letter No.342 dated 26.3.2004. The Honble High Court vide its order dated 13.8.2007 disposed of the writ petition directing respondent No.4 to pass a reasoned order within a kperiod of six weeks from the date of receipt/production of such representation.
(3.) ACCORDING to the respondents, the petitioner could not be promoted because he has crossed the age bar much before the actual consideration.;