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2017 DIGILAW 627 (JHR)

Kailash Bhuiyan, son of Late Raghunath Bhuiyan v. State of Jharkhand

2017-04-04

SHREE CHANDRASHEKHAR

body2017
The petitioners are seeking a direction for award of preference in the form of grace marks to them while making appointment on Class-IV posts. 2. Heard. 3. Dr. H. Waris, the learned counsel for the petitioners states that in the selection process which was initiated in the year, 2006, pursuant to order dated 12.05.2005 passed in W.P.S. No.2190 of 2005, the petitioners were awarded 10 grace marks for each completed year. Now, a fresh selection process has been initiated pursuant to a decision of the District Appointment Committee in its meeting held on 06.03.2010. It is submitted that a similar benefit, which was previously accorded to the petitioners, may be extended to them again. 4. Mr. R.K. Shahi, the learned State counsel opposing the prayer in the writ petition, submits that a benefit which was extended to the petitioners pursuant to a direction of this Court in W.P.(S) No.2190 of 2005 cannot continue beyond the selection process of 2006. 5. The petitioners have asserted that they have been working on different Class-IV posts on daily wages. The period of their engagement is in dispute. The respondents have asserted that they were engaged after 01.08.1985 and accordingly, they cannot be regularised in service. It is admitted by the petitioners that in the recruitment exercise for which examination was held on 20.08.2006, the petitioners could not make to the select list. Now, again in the selection process which was initiated in the year, 2010, the petitioners are seeking a similar benefit for according preference to them. The respondents have asserted that appointment of eligible candidates have already been made. In any event, in my opinion, the petitioners in the basis of the previous order of this Court cannot be accorded preference in all the recruitment exercises to come. 6. Finding no merit in the writ petition, it is dismissed.