D.N. Patel, J.

1. This Letters Patent Appeal has been preferred by the original petitioner whose writ petition being W.P.(S) No.5373 of 2015 was dismissed by the learned Single Judge by judgment and order dated 16.03.2017, and hence, the original petitioner has preferred this Letters Patent Appeal. The prayer for appointment as Class – IV employee from the panel of selected candidates of the year 2005 was not operated in the year 2015, hence, the writ was preferred.

2. Factual Matrix

An advertisement was given by the Department of Labour, Employment & Training, State of Jharkhand. The advertisement no.2 of 2002 was only for Class – IV post, but no vacancy was reflected in the advertisement. It was a lump sum general advertisement without any fixed number of vacancies, for preparing a list of eligible Class – IV candidates.

It appears that several candidates had applied, this appellant had also applied for Class – IV post and ultimately a panel of 676 selected candidates was prepared in the year 2005. Thereafter, wisdom was prevailing on the Government and vacancies were fixed. Now, further wisdom was also prevailing on the Government and now reservation has also provided which is mentioned in the counter affidavit filed in the writ petition being W.P.(S) No.5373 of 2015, preferred by this appellant and the said reservation is as under :

Category	Total vacancy after approval of roster	Filled Vacancy	Unfilled Vacancy
OBC	05	05	0
SC	04	04	0
ST	10	03	07
Total	19	12	07

The aforesaid so called reservation was only for the district Hazaribagh.

Thus, it appears that without any specific vacancy, advertisement was issued. After selection process is over, vacancy was finalized by the Government and the reservoir has also been finalized by the Government. Reservoir of the candidates was so large which catered the need of the Government for more than one decade and still the water of the reservoir is not over. The candidates of that reservoir of the year 2005 are still coming to the Court for their appointment. One after another writ petitions are being preferred, several orders are passed by the learned Single Judges and the reservoir of the candidates was ordered to be operative in the year even after 2012 and in the year 2017, as pointed out by the counsel for the appellant. Thus, this confused scenario has continued from the year 2005 till 2017 also, and the writ preferred by the appellant and the present Letters Patent Appeal is not an exception to such type of confusion.

This appellant is the original petitioner who is also seeking an appointment in the year 2015 from the list of the candidates prepared in the year 2005 despite, he is being of the age of 49 years approximately as on today as his date of birth is 04.09.1968 and the writ petition preferred by this appellant has been dismissed, and hence, the original petitioner has preferred the present Letters Patent Appeal.

3. The arguments canvassed by the counsel for the appellant (original petitioner) :

I. Counsel appearing for the appellant has submitted that the advertisement was issued in the year 2002 inviting applications for Class – IV post without giving any specific vacancy and this appellant was also selected and he was at Sl. No.231 in the merit list prepared in the year 2005.

II. It is further submitted by the counsel for the appellant that a reservoir type of list was prepared for the years together and the respondents – Government is wise enough to appoint Class – IV employee up to the year 2015. There are several orders passed by this Court in the year 2012 and in the year 2017 also by which general lump sum select list prepared in the year 2005 is ordered to be operative and the Government is also appointing Class