JUDGEMENT
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(1.) This contempt application has been filed by the petitioner for initiating contempt
proceeding against the respondents / opposite parties, by contending that the respondents
have not complied with the order dated 10.09.2008 passed by this court in W.P.(S) No. 3068
of 2008.
(2.) The grievance of the petitioner, as raised in the writ application, was that the benefit
of reservation for the physically handicapped candidate was wrongly denied to him in the
matter of selection and appointment on the post in the Government job. After considering the
contentious issue involved in the writ application, this court vide its order dated 10.09.2008,
had issued the following directions, to the respondents.
"In the light of the above discussions, the respondent State shall consider
the possibility of absorbing the petitioner by appointing him against
any existing vacancy, if the petitioner is found eligible, in accordance
with the merit list and if such vacancy does not exist, then to consider
the petitioner's candidature against the future vacancies on the basis of
the same merit list, if it still survives".
(3.) In the show-cause replies of the opposite party no. 3 namely, the Principal
Secretary, Department of Personnel, Administrative Reforms & Rajbhasha, Government of
Jharkhand, Ranchi, it is sought to be explained that the State Government is bound to
appoint only on the basis of the recommendation made available by the Jharkhand Public
Service Commission. As such, the Joint Secretary, Department of Personnel and
Administrative Reforms, Jharkhand, had requested the JPSC by his letter dated 28.11.2008
to act in accordance with the order passed by this court. It is stated that if the JPSC
recommends the name of the petitioner, against the post of Deputy Collector which was
advertised, the Government would certainly act upon such recommendation.;
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