Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 516 (JHR)

Ravi Shankar Mahto v. Chairman-cum-Managing Director, Eastern Coalfields Limited

2019-02-21

RAJESH KUMAR

body2019
JUDGMENT : RAJESH KUMAR, J. 1. Heard learned counsel for the parties. 2. The present writ petition has been filed for implementation of package deal dated 28.12.1995, which has been annexed as Annexure-1. 3. From perusal of annexure-1, it appears that the respondent authority had agreed to provide ten employments to the villagers and further five as a measure of good gesture on justification and negotiation. The petitioner had claimed that his name was in the category of ten employments, but still he had not been appointed. 4. Counter affidavit has been filed on behalf of the respondents and asserted that ten employments had already been granted as per the package deal. Thus, the petitioner is claiming entry into the arena, which is occupied. 5. According to the petitioner, a wrong person had made entry. But, that person had not been made party in the present writ petition. 6. It appears that village level committee has already made recommendation vide recommendation dated 29.12.1995 and due to dispute, second recommendation had been made on 23.03.1996. 7. There was third list proposed by the village level committee on 22.08.1998, although only ten persons have to be appointed. 8. Thus, there is competing interest of so many villagers/ eligible candidates. 9. This dispute cannot be resolved by the writ court. To accept the claim of the petitioner, the Court has to know, how many eligible candidates are there in the village and who are eligible for appointment and what are the criteria for selection of candidates. 10. Equality demand that all eligible candidates/competing candidates should be given equal opportunity. Village level committee cannot push one or other candidates. Thus, it requires factual enquiry which cannot be done by this Court under the writ jurisdiction. Accordingly, the present writ petition is, hereby, disposed of by giving liberty to the petitioner to approach before the appropriate forum for his grievances. 11. With above observations and directions, the present writ petition stands disposed of.