S.N.PATHAK, J. - (1.) Heard learned counsel for the petitioners and learned counsel for the respondents.
(2.) The petitioners have approached this Court with a prayer to direct the respondents to consider their cases for appointment to the vacant posts of Panchayat Secretary, in terms of 2002 Rules and to issue appointment letters to the petitioners accordingly.
(3.) The facts as derived from the writ petition are that the petitioners are working on non-cadre posts of Dalpatis on fixed remuneration in the district of Ranchi. It is the case of the petitioners that as per Jharkhand Panchayat Sachiv (Niyukti, Sevashart Ewam Kartabya) Niyamawali, 2002, (hereinafter referred to as "Rules, 2002"), Panchanyat Secretary will be appointed from two sources i.e. 50% of the vacancy to be filled-up from direct recruitment and 50% vacancy shall be filed from amongst the meritorious candidates working as Dalpatis, keeping in mind the seniority. It is a fresh appointment in the cadre post and not a promotion, as such, under settled law, in the first appointment in the cadre even reserved category candidates, as per merit list, can go above the general candidate. It is the further case of the petitioners that in Ranchi district, there are altogether 72 vacant and sanctioned posts of Panchayat Secretary, out of which 36 posts are to be filled-up from amongst the Dalpatis working in Ranchi district. Accordingly, a Selection Committee headed by the Deputy Commissioner, Ranchi, was constituted which held its meeting on 21.10.2013. It is stated that all the petitioners are duly qualified and possess Matriculation or higher educational qualification and also have all the eligibility criteria/qualification as per the Rules, but their cases were not considered at all for the reasons best known to the respondents. It is the further case of the petitioners that the respondents considered the entire matter and a letter was communicated by the Deputy Secretary, vide its letter dated 5.12.2013 to the Deputy Commissioner, Ranchi pointing-out the illegality committed by him and directed to send report within a week but the Deputy Commissioner did pay any heed to it. In the said letter it has been stated that there are 58 Dalpatis working in Ranchi district as per 2013-14 merit list, however, only 11 candidates have been recommended against 36 existing vacancies of Panchayat Secretary. It has also been pointed out that in spite of available candidates like the petitioners, no recommendation has been made as a result of which, vacancy remains unfilled. Even in the matter of recommendation, seniority has been considered, which will be apparent from letter dated 5.12.2013. It is the specific case of the petitioners that before the appointment of Panchayat Secretary, seniority list of Dalpaties for the year 2013-14 was issued by the Competent Authority i.e. the District Panchayati Raj Officer, Ranchi, which shows that the petitioners are much senior having requisite qualification, but in spite of that, their cases have been considered. Thereafter, the petitioners filed representation before the respondent No. 2 on 10.1.2014 bringing to his notice about the irregularities being committed in the appointment of Panchayat Secretary and requested for appointment on the aforesaid post as per seniority list. The petitioners also filed representation before the respondent-Deputy Commissioner, Ranchi on 11.1.2014 but till date nothing has been done. Hence, the petitioners have knocked the door of this Hon'ble Court for redressal of their grievances. ;