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2002 DIGILAW 368 (JHR)

Baijnath Pandit v. State of Jharkhand

2002-03-15

SUDHANSU JYOTI MUKHOPADHAYA

body2002
Order This application has been preferred by petitioner for his appointment against class-III post, 50% of quota of which has been marked to be filled up from amongst eligible class-IV employees. 2. According to petitioner, he is a class-IV employee, posted in the office of Amrapara, Pakur and being matriculate, is eligible for appointment against class-III post, 50% of which has been marked for appointment from amongst class-IV employees. 3. It appears that in a similar case of Sarina Soren vs. State of Bihar & Ors., C.W.J.C. No.105/97 and analogous cases, this Court vide its judgment dated 28.11.1997 directed the competent authorty of the district of Pakur to fill up the class-III posts, which were meant to be filled up from amongst eligible class-IV employees as per Government decision Nithin a time framed by the Court. 4. As it appears that 50% of class-III posts are to be filled up from amongst eligible class-IV employees as per Government decision contained in Resolution dated 3.11.1992, the case is remitted to the Deputy Commissioner, Pakur to determine is to whether any class-III post is vacant n the district which is meant to be filled up from amongst eligible class-IV employees as per Government Resolution dated 1.11.1992 or not. On such decision, if it is found that certain class-III posts are vacant and marked to be filled up from amongst eligible class-IV employees, the said authority will take step and fill up the posts in accordance with law on consideration of cases of eligible class-IV employees on an early date, preferably within six months from the date of receipt/production of a copy of this order. 5. If the petitioner is found eligible, the authority will consider the case of petitioner alongwith others. 6. In case of no vacancy or if it is found that there will be no vacancy in near future, the Deputy Commissioner, Pakur will inform the matter to the petitioner within the period aforesaid. 7. The writ petition stands disposed of, with the aforesaid observations.