PRAMATH PATNAIK,J. - (1.) Heard Mr. Anjani Kumar Verma, learned counsel for the petitioner as well as Mr. Dhananjay Kumar Dubey, learned Sr. S.C. I. appearing for the Respondent-State.
(2.) In this writ application, the petitioner has sought for issuance of direction to the Deputy Commissioner, Dhanbad (Respondent No. 4) for empanelment and also for regular appointment of the petitioner on vacant Class-IV post in pursuant to the Advertisement dated 28.10.2005 (Annexure-5) and further for hearing and disposal of the case of the petitioner alongwith the writ application filed by other similarly situated persons bearing W.P. (S) No. 973 of 2010 (Mahadeo Murmu and others v. The State of Jharkhand and others) .
(3.) Shorn of unnecessary details, the facts, as has been disclosed in the writ application, are that vide Govt. Letter no. 16441 dated 03.12.1980, a direction was issued for making appointment on all Class- IV posts at district level and a panel would be prepared after scrutinizing all the applications by the District Magistrates and for appointment on vacant Class-IV posts, a District Selection Committee would be formed of which the Chairman will be the District Magistrate and the District Welfare Officer, District Employment Officer, 3 officers related to District level Works Department and 2 Officers related with District Development Works will be members of that Selection Committee and it was further directed that upto month of May of each year, the panel list of eligible peon candidates for appointment on Class-IV posts in each district be prepared finally and the appointment be made from the said district panel. It was also directed to complete the process of appointment on Class-IV posts as per the provisions contained in the said letter dated 03.12.1980. Thereafter in pursuance to the Govt. letter dated 25.01.1986, issued by the Personnel and Administrative Reforms Department, Govt. Memo dated 26.05.1987, a direction was issued that the district panel prepared for appointment on Class-Iv posts in pursuance to para 6 and 7 of aforesaid Govt. Letter dated 03.12.1980 will be used as waiting list also of empanelled peon and after having vacancies of Class-IV posts in the District Collectorate and other Regional Offices, the appointment will be made from the empanelled peon as per their seniority following the roster and the panel will remain effective for 1 year and in the next year the panel will be revised and the left over peon candidates of the earlier panel will be empanelled in the revised panel without losing their seniority, if in the meantime, he has not been appointed either on permanent basis or temporary basis. It has been further averred that from bare perusal of the Govt. letters (Annexures-1 and 3), it is crystal clear that in all State Govt. Offices situated in a District, all the vacant Class-IV posts is to be filled from the District Panel/Select List to be published by the District Level Selection Committee. In pursuance to the order passed in S.L.P. (Civil) No. 18154 of 1999 and the Govt. letter dated 18.06.1993, for appointment on Vacant Class-IV posts in Dhanbad district, an Advertisement was published in daily Newspaper "Hindustan" on 28.10.2005 by the Respondent No. 4 inviting applications from eligible candidates up to 19.11.2005 through Employment Exchange, Dhanbad and in pursuance thereto, the petitioner, having qualification of Class-VIII pass also, alongwith other eligible candidates applied for appointment on vacant Class-IV post in Dhanbad district. In pursuance to the advertisement, admit-card was issued to the petitioner and he appeared in the written test held on 16.04.2006, the select list was published on 23.4.2006 but the petitioner and one Sri Chandra Shekhar Ram, were given 'Zero' marks in the aforesaid written examination held on 16.04.2006, but the name of Chandra Shekhar Ram was included in the District panel/select list published on 23.04.2006 at Sl. No. 82 and he was appointed as Class-IV in the Dhanbad Collectorate vide appointment letter dated 29.07.2006, wherein, Chandra Shekhar Ram is placed at Sl. No. 17, issued by the Respondent No. 4 and the petitioner even after having better performance has not been selected in the said district panel. Being aggrieved thereof, the petitioner has filed several representations before the respondent no. 4 and lastly on 23.12.2011, which did not evoke any response. The petitioner, left with no alternative and efficacious remedy, has been constrained to knock the doors of this Court under Article 226 of the Constitution of India for redressal of his grievances.;