Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 35599 (JHR)

SHIV SHANKAR THAKUR v. STATE OF JHARKHAND And ORS

WPC/592/2011 · 2025-05-02

Deepak Roshan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:13359 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 592 of 2011 Shiv Shankar Thakur, son of Late Jaykant Thakur, resident of village and PO Amlo, PS-Godda (M), District Godda. ... … Petitioner(s) Versus (1) The State of Jharkhand through the Chief Secretary Government of Jharkhand, Ranchi. (2) The Secretary, Department of Welfare, Government of Jharkhand, Ranchi. (3) The Director, Welfare Department, Government of Jharkhand, Ranchi (4) The Commissioner, Santhal Pargana Division, Dumka (Jharkhand). (5) The Chairman, District Establishment Committee, Godda-cum-Deputy Commissioner, Godda. (6) The Deputy Director, Welfare Santhal Pargana Division, Dumka. (7) The District Welfare Officer, Godda (Jharkhand). … … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Aishwarya Prakash, Advocate For the Opposite Party(s) : Mr. A. K. Dubey, AC to GP-III -------- Order No. 11 /Dated: 2nd May 2025 The instant writ application has been filed for the following reliefs: “1. for issuance of an appropriate writ or writs, direction or directions commanding the Respondents No.2 and 3 to issue letter of appointment to the petitioner who has been recommended for appointment by District Establishment Committee, Godda on Class IV post in the welfare Department of Godda District, the petitioner had already approached this Hon'ble Court and this Hon'ble Court had directed the Respondents to take final decision within 6 weeks on 20-11-2006, yet no order directing on application of the petitioner has been made despite the lapse of more than 4 years, the Respondents have even made misleading statements before this Hon'ble Court in the contempt proceeding filed by the petitioner as such the Respondents be directed to make appointment of the petitioner on class IV post in the Godda District immediately.” 2. Vide order dated 12.02.2025 certain queries were made by this Court. For brevity the same is extracted below: “Respondents are directed to file supplementary affidavit answering the following queries within three weeks:- (i) whether any advertisement was published to appoint Sweeper, Night-guard (Class -IV employee) in the District of Godda, pursuant to which, the petitioner claims to have been selected? If any advertisement has been issued, the copy of the same should be annexed 2025:JHHC:13359 2 along with the said affidavit. (ii) Whether the appointment process, which was initiated is to fill up the sanctioned post or not? (iii) Whether appointment letter has been issued to any person from the aforesaid select list or not. (iv) Whether the selection process was aborted mid-way by not appointing all the persons, who were selected? List this case after three weeks.” 3. Pursuant thereto; a supplementary counter affidavit dated 28.04.2025 has been filed and in paragraph nos. 5 to 8, it has been specifically stated that on 08.02.2002 an advertisement for appointment of Class-IV grade employee was published. In this vacancy, the petitioner was one of the participants. Further the appointment process was initiated against the vacant sanctioned post. It has also been stated in paragraph no. 8 that 19 persons were selected and appointment letters were given to 18 persons. 4. Learned counsel for the respondents relying upon the supplementary counter affidavit submits that now the entire appointment process is over and no error has been committed by the respondent-Department. 5. Having heard learned counsel for the parties and after going through the documents annexed with the respective affidavits and the averments made therein; it appears that an advertisement was published for appointment on the post of Sweeper and Night guard in the district of Godda and after the selection of the candidates against the sanctioned post, appointment letters were duly issued. Now, since the entire appointment process is over pursuant to the advertisement in question; no relief can be granted to this petitioner. 6. Accordingly, the instant writ application stands dismissed. (Deepak Roshan, J.) Amit