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2025 DAILYLAW 12142 (JHR)

GOPINATH DEY v. THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY

WPC/2554/2024 · 2025-01-02

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2554 of 2024 Gopinath Dey, son of Badal Chandra Dey, Tetulia, Ankduara, Village- Baliapur, P.O. Nirsa, P.S. Nirsa, District- Dhanbad, Jharkhnad. ….. Petitioner(s) Vs. 1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Project Bhavan, P.O. Dhurwa, P.S. Jagarnathpur, District- Ranchi. 2. The Secretary, Urban Development and Housing Department, Govt. of Jharkhand, Project Bhavan, P.O. Dhurwa, P.S. Jagarnathpur, District- Ranchi (Jharkhand). 3. Jharkhand Staff Selection Commission, through its Secretary having its office at Kalinagar, Chaibagan, Namkum, P.O. Ranchi, P.S. Ranchi, District- Ranchi (Jharkhand). …. Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): Mr. Suraj Singh, Advocate. For the Respondent(s): M/s Varsha Ramsisaria, AC to GP-V For JSSC: Mr. Radha Krishna Gupta, Advocate. ------ 04/02.01.2025: Heard the learned counsel for the parties. 2. The petitioner prays for direction upon the respondent to issue appointment letter in his favour as his name appears at Sl. No. 12 in the waiting list, published on 5.2.2019. 3. It is an admitted case in January, 2018, an Advertisement was published seeking application for the post of Jr. Engineer (Civil) for a period of three years on contract basis. The petitioner applied for the same and he was placed at Sl. No. 12 in the waiting list. It is the case of the petitioner that though some of the persons whose names appeared in the main selected list did not join, the respondents have not appointed the petitioner on contract basis, though his name appeared at Sl. No. 12. He further submits that now a fresh Advertisement has been published on 16th May, 2023, but the petitioner has not been appointed. 4. The counsel for the respondents submits that the advertisement dated 16.5.2023 does not specify that the same is contractual this means the same is a regular appointment. The advertisement against which the petitioner applied was for the contractual post that too only for the period of three years. 5. From the submission of the parties, I find that the petitioner had applied against the Advertisement dated 3rd January, 2018. As per the said Advertisement, the period of appointment for the post of Jr. Engineer (Civil) was contractual and only for three years or till regular appointment is made. Three years admittedly have lapsed and vide Advertisement dated 16.5.2023, the Department is seeking to fill up the said post on regular basis. 1. 6. Admittedly, the petitioner did not apply for the regular post. Since the period of three years has already lapsed and a fresh advertisement has been issued to fill up the post on regular basis, the petitioner has got no vested right to get appointment against the Advertisement dated 3rd January, 2018, which was only for a period of three years on contract basis. 7. Accordingly, this petition is dismissed being devoid of any merit. Anu/-Cp2. (ANANDA SEN, J. ) 2.