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2009 DIGILAW 1421 (JHR)

Gurucharan Hajam v. State of Jharkhand

2009-11-11

D.G.R.PATNAIK

body2009
Order Heard learned counsel for the parties. 2. The petitioners in this writ application have prayed for issuance of writ of Mandamus commanding upon the respondents to appoint the petitioners on Class-III posts, considering the fact that the petitioners are retrenched employees of 1991 Census and they are senior in the panel of 1991 Census employees. 3. The petitioners were initially appointed under the Census Directorate as a Compiler, Checker and Supervisor in Class-III posts in the year 1991, on consolidated salary. The petitioners were graduate at the time of their appointment. 4. A panel was prepared in' the year 1991 in which the names of the petitioners also figured. 5. After conclusion of the census work, the petitioners as well as similarly situated employees were retrenched. However, the State Government in the Department of Revenue and Land Reforms had adopted a policy for absorption of all such retrenched employees of the Census Department and a notification was issued accordingly to the concerned department for absorption of such retrenched employees against the vacant Class-III and Class IV posts. 6. In compliance with the directions contained in the notification, the employees, whose names figured in 1991 census panel, were absorbed in Class-III and Class-IV posts of the Government Department. 7. The grievance of the petitioners is that while absorbing the retrenched employees for Class-III posts available for absorption, the benefit thereof was not given to the petitioners. Instead, they were compelled to accept Class-IV posts which were offered to them while other similarly retrenched employees whose names had figured in the 1991 census panel, much below the names of the petitioners, were absorbed in the Class-III posts. 8. Claiming that the petitioners were discriminated in the matter of their absorption in the Class-III posts, the petitioners had represented before the concerned authorities demanding their absorption in the existing vacant Class-III posts. Their prayer having not yielded any positive result, the petitioners have filed the instant writ application. 9. Learned counsel for the petitioners informs that with reference to up-to-date Chart (Annexure-12), vacancies for Class III posts still exist in the Directorate of Simdega and Lohardaga and the petitioners being eligible and possessing requisite qualifications, their cases should be considered for their appointment against the vacant Class-III posts. 10. A counter affidavit has been filed on behalf of the respondents. 10. A counter affidavit has been filed on behalf of the respondents. It is sought to be explained by the respondents that pursuant to the Government notification for absorption- of the retrenched employees -of the Census Department, the employees were duly absorbed in the available vacant Class-III and Class-IV posts. A list of the absorbed employees was accordingly prepared and published with a stipulation that the absorption as made, shall be final and the employees so absorbed, shall not be entitled to agitate on any issue relating to claim for any other post. The respondents further contend that petitioner No. 2 had voluntarily accepted his absorption in Class-IV post and, therefore, he is estopped from claiming his absorption in Class-III post. 11. In reply, learned counsel for the petitioners would advert to the statements made in the supplementary affidavit of the petitioners, explaining therein that the so-called option of the petitioner No. 2 cannot be deemed to be an option, in view of the fact that the respondents had created compelling circumstances leaving no option at all to the petitioner No. 2 but to accept Class-IV post offered to him. 12. Thus, from the rival submissions, the main ground in support of the prayer of the petitioners is that in the matter of absorption in Class-III posts, they have been discriminated and persons below the petitioners in seniority, have been granted appointment in the Class-III posts and the petitioners have been denied the privilege thereof. 13. The counter affidavit does not specifically answer the above issue as raised by the petitioners. 14. In view of the above facts and circumstances, there appears a reasonable ground for the petitioners to entertain the belief that in the matter of granting appointment on Class-III posts, they have been discriminated. 15. Considering the entire facts and circumstances, the concerned authority of the respondents, in particular, the respondent No.2, namely, the Principal Secretary, Department of Revenue and. Land Reforms, Government of Jharkhand, Ranchi, is directed to consider the grievance of the petitioners and assess the possibility of their absorption in Class-III posts against existing vacancies, if any, upon being satisfied that the petitioners, do possess the requisite qualifications for their absorption in the Class-III posts, in the concerned District of Simdega and Lohardaga. Land Reforms, Government of Jharkhand, Ranchi, is directed to consider the grievance of the petitioners and assess the possibility of their absorption in Class-III posts against existing vacancies, if any, upon being satisfied that the petitioners, do possess the requisite qualifications for their absorption in the Class-III posts, in the concerned District of Simdega and Lohardaga. The decision on this issue shall be taken by the respondent within two months from the date of receipt/production of a copy of this order and such decision shall be effectively communicated to the petitioner. 16. With these observations, this writ application is disposed of. 17. Let a copy of this order be given to the learned counsel for the respondents.