SANTOSH KUMAR SAHU Vs. DISTRICT JUDGE

JUDGEMENT

(1.) THIS Writ Petition was filed on 3.4.2001 seeking a direction to the Opposite Parties to allow the Petitioner to continue as Candidate Peon and to consider his case for regular appointment on the post of Process Server whenever vacancy occurs in future.

(2.) THE facts and circumstances giving rise to the case are that Petitioner applied for the post of Candidate Peon and in pursuance of the intimation dated 27.12.1993 issued by the Registrar, Civil Courts, Kalahandi -Nuapada, Opposite Party No. 2, the Petitioner appeared in the written test held for the said post. After having been duly selected, the Petitioner vide letter dated 2.2.1994 was directed to appear before the District Judge, Kalahandi, Nuapada, Opposite Party No. 1 on 11.2.1994 for interview ( Annex. -1). Petitioner also passed the medical test and submitted two character certificates for being enrolled as a Candidate Peon. Petitioner was enrolled as a Candidate Peon vide Order Dated 21.2.1994 and attached vide Order Dated 26.4.1994 (Annex. -3) to the office of Civil Judge (Sr. Division), Dharamgarh. Petitioner was relieved from Bhawanipatna and was directed to join at Dharamgarh on 1.5.1994 and he joined therein. Petitioner had not been permitted to work as his name has been removed from the list of candidate peons vide Order Dated 10.6.1994. He made several representations to continue as Candidate Peon, but in vein. Other similarly situated persons have been continuing as Candidate Peons. Hence this Writ Petition.

(3.) ON the contrary, Sri Khuntia, Learned Addl. Government Advocate has opposed the petition contending that the name of the Petitioner has been removed the list of Candidate Peons in June 1994, but he filed the petition after expiry of seven years in 2001. Thus there has been inordinate delay on his part in filing the petition. The petition is liable to be dismissed on that ground alone.